556 F. App'x 52
2d Cir.2014Background
- Memoglu, a native and citizen of Turkey, seeks review of a BIA decision affirming an IJ's denial of asylum.
- The IJ decision was issued December 23, 2010; the BIA affirmed on December 11, 2012.
- This court reviews the IJ’s decision as the final agency determination under established standards.
- Memoglu contends persecution based on membership in a particular social group of male family members.
- The government argues the claimed group is not cognizable and that any harm stems from a personal blood feud, not a protected ground.
- The court ultimately denies relief, finding Memoglu failed to show persecution on account of a protected ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Memoglu's claimed group is cognizable and targeted on account of membership | Memoglu argues the group of male family members is cognizable. | Memoglu’s group lacks social visibility and is not a protected-ground targeted group. | Group not cognizable; fear not tied to protected ground. |
Key Cases Cited
- Melgar de Torres v. Reno, 191 F.3d 307 (2d Cir. 1999) (personal disputes do not establish protected-ground persecution)
- Ucelo-Gomez v. Mukasey, 509 F.3d 70 (2d Cir. 2007) (cognizable group requires social visibility and particularity)
- Li v. Mukasey, 529 F.3d 141 (2d Cir. 2008) (standard of review for agency determinations)
- Weng v. Holder, 562 F.3d 510 (2d Cir. 2009) (regular review framework for asylum determinations)