Elias Umana-Ramos v. Eric Holder, Jr.
724 F.3d 667
| 6th Cir. | 2013Background
- Umaña-Ramos, a Salvadoran citizen, entered the U.S. illegally at age 14 and faced removal for lack of admission or parole.
- MS gang recruited him starting at about age 11; he refused and was threatened but not harmed.
- At age 14 he fled El Salvador after a neighbor was killed by a gang member; he fears return.
- He pressed asylum and withholding of removal based on membership in a proposed social group of “young Salvadoran men who refused MS recruitment.”
- IJ denied, finding no cognizable social group due to lack of particularity and social visibility; BIA affirmed with the same reasoning.
- This court held that social visibility means societal perception of the group, not on-sight recognition, and denied the asylum claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether refusal to join MS gang yields a cognizable particular social group | Umaña-Ramos argues the group is particular and socially visible | UMA (the Government) contends the group is not sufficiently particular or socially visible | No; group not cognizable under INA |
| Whether social-visibility and particularity requirements apply as per BIA precedent | Social-visibility should not be required in this court's view | BIA's social-visibility and particularity are valid and deferential | Yes; uphold BIA interpretation that social visibility and particularity apply |
| Whether failure to establish a cognizable social group precludes asylum and withholding | Membership in a protected group is central to eligibility | Without cognizable group, asylum and withholding fail | Yes; both claims denied |
Key Cases Cited
- Bonilla-Morales v. Holder, 607 F.3d 1132 (6th Cir. 2010) (defines refugee grounds and REAL ID Act standard for central reason)
- Kante v. Holder, 634 F.3d 321 (6th Cir. 2011) (recognizes social visibility and particularity frameworks)
- Al-Ghorbani v. Holder, 585 F.3d 980 (6th Cir. 2009) (articulates definition of a cognizable social group with particularity and visibility)
- Castellano-Chacon v. INS, 341 F.3d 533 (6th Cir. 2003) (establishes the 'particular social group' framework)
- In re S-E-G-, 24 I. & N. Dec. 579 (BIA 2008) (discusses social visibility as a criterion for cognizable group)
- Urbina-Mejia v. Holder, 597 F.3d 360 (6th Cir. 2010) (defines standard for asylum and group protection under INA)