Flores-Cruz

MEMORANDUM **

Carlos Flores-Cruz appeals a decision of the Board of Immigration Appeals (“BIA”) reversing a grant of asylum by the Immigration Judge (“IJ”) on the ground that Honduran street children do not constitute a “particular social group” under 8 U.S.C. § 1101 (a)(42)(A). Flores-Cruz argues that the government conceded that Honduran street children form a “particular social group,” that this issue was not properly before the BIA, and that he was not given an opportunity to address this issue. He also argues that the BIA erred in determining that Honduran street children do not form a “particular social group” and that persecution and fear of persecution resulting from his membership in that group entitle him to asylum.

The BIA first reversed the IJ’s decision in a September 2003 order stating that “even if” Honduran street children constitute a particular social group, Flores-Cruz is not entitled to asylum. In re Carlos Flores-Cruz, No. A95 281 982, Phoenix (Sept. 24, 2003). Flores-Cruz petitioned for review by the Ninth Circuit. The government moved to remand so that the BIA, inter alia, could “address” more clearly the IJ’s finding that “the particular social group of…