Illescas Castro v. Sessions
701 F. App'x 76
| 2d Cir. | 2017Background
- Petitioner Fausto Enriquez Illescas Castro, an Ecuadorian national, sought withholding of removal from the U.S.
- He claimed membership in the particular social group "young Ecuadorian men who resist recruitment efforts by criminal gang members."
- An Immigration Judge denied withholding; the Board of Immigration Appeals affirmed (modifying the IJ’s decision by setting aside the IJ’s credibility determination).
- The agency concluded Castro failed to prove his proposed social group was legally cognizable, noting a lack of evidence that such persons are perceived as a distinct group in Ecuador.
- The BIA’s cognizability determination was dispositive; the agency did not decide whether Castro faced a likelihood of future persecution.
- The Second Circuit reviewed the agency decision (applying the standard for review of IJ decisions as modified by the BIA) and denied the petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the proposed group is a "particular social group" (cognizable) | Castro argued young Ecuadorian men who resist gang recruitment constitute a distinct, immutable group | Government argued Castro failed to present evidence that such people are socially distinct or recognized as a group in Ecuador | Court held the group is not cognizable for lack of evidence showing social distinctiveness; agency decision upheld |
| Whether applicant demonstrated likelihood of future persecution on account of group membership | Castro argued he would likely be persecuted if returned | Government argued evidence insufficient; and agency disputed cognizability | Court declined to address likelihood because cognizability was dispositive |
Key Cases Cited
- Xue Hong Yang v. U.S. Dep't of Justice, 426 F.3d 520 (2d Cir.) (standards for reviewing IJ decisions as modified by the BIA)
- Paloka v. Holder, 762 F.3d 191 (2d Cir.) (standards governing review of immigration decisions)
- Ucelo-Gomez v. Mukasey, 509 F.3d 70 (2d Cir.) (elements for withholding of removal based on particular social group)
- Castro v. Holder, 597 F.3d 93 (2d Cir.) (requirements for establishing persecution on account of group membership)
- INS v. Bagamasbad, 429 U.S. 24 (U.S.) (courts need not decide issues unnecessary to outcome)