Rivera-Castaneda

Rivera-Castaneda v. Immigration & Naturalization Service

Good Law
6 F. App'x 604
United States Court of Appeals for the Ninth CircuitMarch 9, 2001No. 99-71239; INS No. A70-183-310California287 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner argues that she should be granted asylum because she suffered past persecution and has a well-founded fear of persecution on account of her membership in a particular social group. To determine eligibility for asylum based on membership in a particular social group, there are three relevant inquiries: (1) whether the class of people identified is cognizable as a particular social group; (2) whether the petitioner has established membership in that particular social group; (3) whether the particular social group has in fact been targeted for persecution on account of the characteristics of group members; and (4) whether such “special circumstances” are present to warrant us in regarding mere membership in that “social group” as constituting per se eligibility for asylum or prohibition of deportation.

Assuming arguendo that RiveraCastañeda is a member of a social group, she has failed to establish facts demonstrating that members of the group are persecuted or have a well-founded fear of persecution. The petitioner testified about one instance of a classmate being raped and murdered, which she learned about second-hand from her husband. The petitioner…

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