Aldana-Ramos v. Holder

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Petitioners were brothers and natives and citizens of Guatemala. While they lived in Guatemala, their father was kidnapped and murdered by the family of a business associate. Petitioners had paid a ransom to the kidnappers, but threats against Petitioners continued, and Petitioners fled to the United States. Petitioners subsequently filed an application for asylum and withholding of removal, asserting that they were persecuted on account of their membership in a particular social group, which they defined as their immediate family. The Board of Immigration Appeals (BIA) denied the applications, concluding that the harm Petitioners suffered in Guatemala was not on account of their membership in a protected social group and that it was less likely than not that they would be tortured by government authorities upon returning to their home country. The First Circuit reversed, holding that the BIA’s conclusion as to the asylum claim was legally flawed and not supported by the record. Remanded for further proceedings. View "Aldana-Ramos v. Holder" on Justia Law