Johana Cece v. Eric Holder, Jr.
668 F.3d 510
7th Cir.2012Background
- Cece, an Albanian citizen, seeks asylum claiming a social group of young Albanian women trafficked for prostitution; Board rejected the group as cognizable and Cece’s fear as non-credible; IJ previously granted asylum but Board vacated and remanded; Cece entered the U.S. in 2002 using a false Italian passport and alleges police in Albania would not protect her as an Orthodox Christian and Democratic supporter; expert testimony described pervasive trafficking and police complicity in Albania; record shows Cece relocated within Albania to Tirana and later left for the U.S.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the proposed group cognizable as a particular social group? | Cece argues young Albanian women endangered by trafficking form a social group. | Board held the group lacks a narrowing, immutable characteristic beyond persecution. | No; group not cognizable as defined. |
| If the group is cognizable, does Cece have an objectively reasonable fear of persecution (or inability to relocate) on return? | Cece presents present danger and irreparable harm without protection. | Record shows Cece could relocate within Albania and lacked individualized threat. | Not established; fear not well-founded and relocation feasible. |
| Does the record support relocation within Albania as a safe option for Cece? | Cece could face trafficking if alone in Albania. | Record supports safe relocation within Albania. | Relocation within Albania supported by substantial evidence. |
Key Cases Cited
- Escobar v. Holder, 657 F.3d 537 (7th Cir. 2011) (group must share immutable characteristics beyond risk of persecution)
- Jonaitiene v. Holder, 660 F.3d 267 (7th Cir. 2011) (social group cannot be defined solely by facing danger)
- Gatimi v. Holder, 578 F.3d 611 (7th Cir. 2009) (group must have more than risk of being forced into prostitution)
- Agbor v. Gonzales, 487 F.3d 499 (7th Cir. 2007) (women fearing FGM cited as a cognizable social group)
- Hassan v. Gonzales, 484 F.3d 513 (8th Cir. 2007) (trafficking-related fears not automatically cognizable)
- Yadegar-Sargis v. INS, 297 F.3d 596 (7th Cir. 2002) (women resisting dress code as social group in Iran)
- Sarhan v. Holder, 658 F.3d 649 (7th Cir. 2011) (examples of recognized social groups include various protected identities)
- Rreshpja v. Gonzales, 420 F.3d 551 (6th Cir. 2005) (claim of trafficking-target group rejected for lack of narrowing characteristic)