United States Ninth Circuit

Petition for review of denial of the BIA's decision denying asylum and withholding of removal on grounds that their status as landowners did not qualify as a particular social group within the meaning of 8 U.S.C. section 1101(a)(42)(A), is granted and remanded for the BIA to consider: 1) the landowner question in light of Henriquez-Rivera v. Holder (9th Cir. 2013); and 2) the CAT claim in light of Tapia-Madrigal v. Holder (9th Cir. 2013), which found that a public official must be aware of the torturous activity but need not have actual knowledge of the specific incident of torture.

Appellate Information

• Decided 08/13/2013
• Published 08/13/2013

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel