446 F. App'x 236
11th Cir.2011Background
- Perkeci is an Albanian citizen who entered the United States in 1999 without a valid visa and sought asylum, withholding of removal, and CAT relief in 2000.
- She alleged the family faced a well-founded fear of persecution in Albania due to a blood feud targeting the family as a whole (a protected PSG).
- An IJ in 2004 found Perkeci credible and granted asylum based on future persecution from the blood feud against her and her family.
- The BIA reversed in 2009, holding the Perkeci family did not constitute a particular social group and remanded to consider voluntary departure and other relief.
- On remand, Perkeci again sought asylum and other relief; the IJ denied, the BIA adopted, and the petition for review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Perkeci family qualifies as a particular social group under the INA. | Perkeci argues the family is a PSG due to immutability and social visibility in Albania. | BIA/INA require a group sufficiently visible to society; evidence shows no broader social recognition of the Perkeci family. | No; BIA's construction of PSG is reasonable. |
| Whether Perkeci has a well-founded fear of future persecution based on PSG. | Perkeci asserts changed circumstances; women and girls are targeted in blood feuds. | Record does not establish a well-founded fear of future persecution. | Record does not compel reversal on well-founded fear. |
| Whether the BIA’s interpretation of the PSG concept is permissible under Chevron approaching INA. | The BIA's interpretation is permissible. |
Key Cases Cited
- Castillo-Arias v. United States Attorney General, 446 F.3d 1190 (11th Cir. 2006) (affirmed BIA formulation of PSG; immutability and social visibility)
- Matter of Acosta, 19 I. & N. Dec. 211 (BIA 1985) (PSG framework emphasizing immutability and social visibility)
- I.N.S. v. Aguirre-Aguirre, 526 U.S. 415 (1999) (INA silent on issue; defer to agency construction)
- Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984) (agency construction permissible if reasonable)
- Najjar v. Ashcroft, 257 F.3d 1262 (11th Cir. 2001) (scope of review: we review BIA findings de novo and factual findings for substantial evidence)