Lorena Vazquez-Trujillo, a native and citizen of Mexico, sought protection from removal by applying for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). She claimed she feared harm from private actors in Mexico. The Immigration Judge and the Board of Immigration Appeals (BIA) denied her applications. The BIA concluded that her proposed particular social group, defined as 'women of low socio-economic status,' was not cognizable because it lacked particularity and social distinction. Vazquez-Trujillo petitioned the Ninth Circuit for review of the BIA's decision.
The Ninth Circuit applied de novo review to the legal question of whether the proposed social group is cognizable and substantial evidence review to the factual findings. The court agreed with the agency that the group 'women of low socio-economic status' is not cognizable. To qualify, a particular social group must be composed of members sharing an immutable characteristic, defined with particularity, and socially distinct. The court found the group failed the particularity requirement because there is no clear benchmark for determining who falls within 'low socio-economic status,' making the group's boundaries too amorphous. The court cited precedent stating that populations whose only common characteristic is low economic status do not form a social group for asylum purposes. Regarding social distinction, the court found the record did not compel a conclusion that society in Mexico perceives women of low socio-economic status as a distinct group. Because the petitioner failed to establish a cognizable particular social group, the court did not address the agency's alternative holding regarding the government's ability to control private actors. Finally, the court found substantial evidence supported the denial of CAT protection, as the record did not show it was more likely than not that the petitioner would suffer harm inflicted by the Mexican government or with its acquiescence.
The petition for review is denied, and the BIA's denial of asylum, withholding of removal, and CAT protection stands. The temporary administrative stay of removal is lifted, and the petitioner faces removal proceedings. The decision reinforces the strict requirement that proposed social groups based on economic status must have clear, definable boundaries to be cognizable under Ninth Circuit law.
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