United States Ninth Circuit

Petition for review of an asylum application is granted, where: 1) the Board of Immigration Appeals 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 for purposes of asylum eligibility; and 2) the inquiry in applying the "social visibility" requirement is one of general social "perception" rather than of on-sight visibility.

Appellate Information

• Decided 02/13/2013
• Published 02/13/2013

Judges

• BEA

Court

• United States Ninth Circuit

Counsel