The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law Attorney
    • Experienced Foreclosure Attorney Serving Riverside Homeowners
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
  • Case Handling
  • Clients
  • Blog
  • Contact

For Asylum Purposes, Persecution Because A Person Has “Membership In A Particular Social Group” May Include The Person’s Family.

January 19, 2016 by

asylum relief Loretta LynchTo be eligible for asylum relief, a petitioner is required to establish refugee status, i.e., that he is an alien unwilling or unable to return home “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” [entered the United States without inspection on September 10, 2007.] On June 15, 2009, gang members killed his father outside of his father’s Evangelical Christian church in Guatemala. Petitioner’s cousin witnessed the murder and agreed to testify against the perpetrators. She was murdered the day before the hearing. Petitioner asserts that she was killed in retaliation for her willingness to cooperate with the authorities and to prevent her appearance as a witness against the gang members who killed his father. In the wake of his cousin’s death, petitioner’s sister began receiving threats, even though she had neither witnessed the attack on her father nor agreed to testify against the gang members responsible. Due to these threats, she felt compelled to flee to the United States. Both an immigration judge and the Board of Immigration Appeals [BIA] denied petitioner’s plea for asylum relief. Noting that “membership in a particular social group” is an enigmatic and difficult to define term, the Ninth Circuit remanded the matter, stating: “In the face of [petitioner’s] social group claim and the evidence that gang members killed [his] father, murdered his cousin and threatened his sister, the BIA erred in not addressing the family aspect of [petitioner’s] social group claim.” (Rios v. Loretta E. Lynch, Attorney General  (Ninth Cir.; December 1, 2015) (Case No. 12-72551).)

Filed Under: Immigration Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 12-72551

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

Buying Your First House: Here is What You Need to Know About Mortgages

August 15, 2023 By Mark Mellor

Congratulations! You're ready to take the leap into homeownership, an exciting journey that begins with understanding mortgages. A mortgage is a loan provided by a lender that helps you to buy a house. You repay this loan, with interest, over a specified period. Let's dive … Read More...

Involved in a Construction Accident? Know the Types of Compensation Available

August 8, 2023 By Mark Mellor

Construction sites are bustling with activity, but amidst the organized chaos, accidents can occur, leading to severe consequences for those involved. Construction accidents can result in devastating injuries, significant medical bills, lost wages, and emotional trauma. If you … Read More...

Failure to Disclose: What Are Your Rights If a Home Seller Conceals a Defect?

July 5, 2023 By Mark Mellor

When it comes to buying a home, transparency is crucial. In the real estate world, sellers have a legal duty to provide buyers with written disclosures that outline any known defects or material facts about the property. These disclosures are designed to protect buyers and ensure … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • Buying Your First House: Here is What You Need to Know About Mortgages
  • Involved in a Construction Accident? Know the Types of Compensation Available
  • Failure to Disclose: What Are Your Rights If a Home Seller Conceals a Defect?
  • Are Verbal Agreements Legally Binding in the Construction Industry?

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2023. All Rights Reserved.