United States Ninth Circuit

In a petition for review of the Board of Immigration Appeals' (BIA) affirmance of the immigration judge's (IJ) order denying asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT), the petition is granted where the BIA failed to apply both prongs of the Hernandez-Montiel definition to petitioner's claim that women in Guatemala constituted a particular social group, and because the BIA's decision was inconsistent with its own opinions in Matter of Acosta, 19 I. & N. Dec. at 233-34, and In re C-A-, 23 I. & N. Dec. at 955.

Appellate Information

• Argued 07/19/2009
• Decided 07/12/2010
• Published 07/12/2010

Judges

• Richard A. Paez

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alan Hutchison, Peter D. Keisler