United States First Circuit

A petition seeking review of an order denying petitioners asylum, withholding of removal, and protection under the Convention Against Torture (CAT), is granted in part and remanded for further proceedings, where: 1) nuclear family kinship is sufficient to constitute a particular social group qualifying as a "refugee" under 8 U.S.C. section 1158(b)(1)(A); 2) petitioners faced regular death threats; 3) the local government was unwilling or unable to control private conduct, permitting a persecution finding; 4) the record was sufficient to allow a finding that petitioners were persecuted "on account of" their family membership, and not simply their wealth; and 5) petitioners did not show government participation or acquiescence in their father's kidnapping-murder, so their CAT claim must fail.

Appellate Information

• Decided 08/11/2014
• Published 08/11/2014

Judges

• LYNCH

Court

• United States First Circuit

Counsel