United States Ninth Circuit

A petition for review of the Board of Immigration Appeals' (BIA) denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT), is granted and remanded for further consideration, where: 1) the BIA in this case did not perform the required evidence-based inquiry as to whether Guatemalan society recognizes petitioner's proposed social group characterized as individuals "taking concrete steps to oppose gang membership and gang authority"; and 2) with regard to petitioner's CAT claim, the BIA needs to provide a reasoned explanation of the basis for its decision.

Appellate Information

• Decided 05/07/2014
• Published 05/07/2014

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel