Oscar Granados Gaitan v. Eric H. Holder, Jr.
671 F.3d 678
| 8th Cir. | 2012Background
- Gaitan, Salvadoran citizen, sought asylum to escape MS-13 recruitment in El Salvador and entered the U.S. in 2002.
- DHS filed a Notice to Appear in 2007; Gaitan conceded removability but sought asylum, withholding of removal, and CAT relief.
- IJ denied relief, finding Gaitan not credible and not in a protected ‘particular social group.’
- BIA, on review, overturned credibility finding but affirmed merits denial, again relying on Matter of S-E-G- to define the group.
- Gaitan argues S-E-G-’s requirements are improper; the court applies circuit precedent to assess group definition and agency actions.
- Court ultimately denies petition for review, including CAT and withholding claims based on asylum denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIA’s social group framework is arbitrary or capricious. | Gaitan claims S-E-G- creates illogical, overly broad requirements. | Gaitan’s group meets the BIA’s criteria of particularity and visibility. | Arbitrary and capricious departure from Acosta; but court upholds denial. |
| Whether Gaitan’s proposed group is sufficiently particular and socially visible. | Gaitan’s group is a discrete, perceivable class. | Group is too amorphous and not socially visible. | Group not sufficiently narrowed or visible; asylum denied. |
| Whether the asylum denial requires reversal even if credibility is resolved. | Credibility supports asylum. | Evencredible findings do not establish a valid social group claim. | No asylum relief; withholding of removal denied as dependent on asylum. |
Key Cases Cited
- Matter of Acosta, 19 I. & N. Dec. 211 (BIA 1985) (definition built on immutable characteristics; foundation for PSG)
- Matter of S-E-G-, 24 I. & N. Dec. 579 (BIA 2008) (requires social visibility and particularity for PSG)
- Matter of A-M-E & J-G-U-, 24 I. & N. Dec. 69 (BIA 2007) (limits on social group based on lack of visibility/particularity)
- Constanza v. Holder, 647 F.3d 749 (8th Cir. 2011) (adopted social visibility/particularity framework in asylum context)
- Ortiz-Puentes v. Holder, 662 F.3d 481 (8th Cir. 2011) (continued adoption of S-E-G- framework in circuit)