Tuesday, December 10th, 2019

En Banc CA9 on ‘Social Visibility’ – Henriquez-Rivas v. Holder


"Henriquez-Rivas claims she is entitled to asylum because, as a person who testified in a criminal trial against members of a gang who killed her father in El Salvador, she is a member of a particular social group, on account of which she faces a well-founded fear of persecution if she were to return to El  Salvador.  For the reasons discussed below, we find that the BIA misapplied its own precedent in holding that witnesses who testify against gang members may not constitute a particular social group due to a lack of social visibility.  Accordingly, we grant Henriquez-Rivas’ petition for review and remand to the BIA for further proceedings." – Henriquez-Rivas v. Holder, Feb. 13, 2013.  [Hats off to Saad Ahmad and Kannon K. Shanmugam!]