United States Second Circuit

Denial of applications for asylum and withholding of removal, and applications for protection under the Convention Against Torture -- based on petitioners' membership in a social group composed of affluent Guatemalans, who suffer persecution fueled by class rivalry in an impoverished society -- are vacated and remanded to the BIA to determine whether the facts as found support a determination that the aforementioned group of persons constitutes a social group within the meaning of the INA.

Appellate Information

• Decided 09/28/2006
• Published 09/29/2006

Judges

• PER CURIAM:, Before:  JACOBS, Chief Judge, WALKER and WALLACE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Roberto Tschudin Lucheme, Glastonbury, CT, for Petitioners.


• For Appellees:
  
• Francis W. Fraser, Margaret Perry, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.