Recognized PSG's
SECOND CIRCUIT
Resistance to Female Subordination to Male Dominance in El Salvador
Hernandez Chacon v. Barr, No. (2d Cir. Jan. 23, 2020): “resistance to the norm of female subordination to male dominance that pervades El Salvador.”
• “There is ample evidence in the record to support her claim: Gangs control much of El Salvador, including the neighborhood in which Hernandez-Chacon lived. The law enforcement systems that would normally protect women -- police, prosecutors, judges, officials -- do not have the resources or desire to address the brutal treatment of women, and the Salvadoran justice system “favors aggressors and assassins” and “punish[es] victims of gender violence.
OTHER CIRCUITS
Women of Country X
Miguelina De Pena-Paniagua v. Barr, (1st Cir. 2020)
It is not clear why a larger group defined as "women," or "women in country X" -- without reference to additional limiting terms -- fails either the "particularity" or "social distinction" requirement. Certainly, it is difficult to think of a country in which women are not viewed as "distinct" from other members of society…. It is equally difficult to think of a country in which women do not form a "particular" and "well-defined" group of persons.”
It is unsurprising, then, that if race, religion, and nationality typically refer to large classes of persons, particular social groups -- which are equally based on innate characteristics -- may sometimes do so as well. See Perdomo v. Holder.
Female Victims of Domestic Violence
• Garcia v. U.S. Att’y Gen., 665 F.3d 496 (3d Cir. 2011) (PSG: individuals who testify against gang members)v • Valdiviezo-Galdamez v. Holder, 663 F.3d 582 (3d Cir. 2011) (PSG: young men who have been actively recruited by gangs and who have refused to join the gangs” is a “particular social group) • Crespin-Valladares v. Holder, 632 F.3d 117 (4th Cir. 2011) (PSG: family members of those who actively oppose gangs in El Salvador by agreeing to be prosecutorial witnesses) • Martinez v. Holder, 740 F.3d 902 (4th Cir. 2014) (PSG: former gang members) • Perdomo v. Holder, 611 F.3d 662 (9th Cir. 2010) (PSG: Guatemalan women) • Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (PSG: people who testify against gang members) • Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013) (PSG: landowners in X country) • Niang v. Gonzales, 422 F.3d 1187 (10th Cir. 2005) (PSG: females within a particular tribe)
No Comments