Sarhan v. Holder
658 F.3d 649
7th Cir.2011Background
- Saad Sarhan and Sara Disi, Jordanian nationals, entered the U.S. on visitor visas and stayed for their tree children; Disi’s sister-in-law Nuha instigated rumors leading to threats of honor killing by Besem Disi, Disi’s brother-in-law; the threats were credible based on past abuse and a 2006 plan to kill Disi upon return to Jordan; IJ denied asylum as untimely and denied withholding and CAT relief, Board affirmed; petitioners seek review of withholding and CAT and remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Disi is a member of a particular social group. | Disi; Disi and Sarhan argue group of Jordanian women targeted for honor killings. | Board found no cognizable social group beyond a mere target status. | Yes; Disi is in a cognizable particular social group. |
| Whether Disi’s withholding of removal is warranted based on the social group and credible threat. | There is a credible threat of honor killing tied to membership in the group. | Threat is personal, not tied to group membership. | Yes; established clear probability of persecution on account of membership. |
| Whether relief under the Convention Against Torture (CAT) is available on the record. | Threat constitutes torture or state compulsion under CAT. | CAT relief requires showing torture with public official acquiescence; not satisfied. | Yes, CAT relief considered; governs remand and is addressed with withholding analysis. |
| Whether the Jordanian government’s protection is inadequate to prevent persecution, supporting relief. | Government is unable/unwilling to protect Disi from Besem. | There is some government condemnation and limited protective measures; not per se unable to protect. | Yes; government is unable/unwilling to protect and thus supports relief. |
Key Cases Cited
- Gatimi v. Holder, 578 F.3d 611 (7th Cir. 2009) (defined 'particular social group' and rejected social-visibility criterion)
- Sepulveda v. Gonzales, 464 F.3d 770 (7th Cir. 2006) (illustrates cohesive social groups and persecution context)
- In re Kasinga, 21 I. & N. Dec. 357 (BIA 1996) (early social-group definition guidance for fear-based persecution)
- Yadegar-Sargis v. INS, 297 F.3d 596 (7th Cir. 2002) (exceptional group recognition in gender-based protection context)
- Lin v. Ashcroft, 385 F.3d 748 (7th Cir. 2004) (gender-based protections and social-group reasoning)
- Agbor v. Gonzales, 487 F.3d 499 (7th Cir. 2007) (recognition of social groups for gender-based persecution in Africa)
- Shtaro v. Gonzales, 435 F.3d 711 (7th Cir. 2006) (persecution framework for future harm analysis)