DE PENA-PANIAGUA v. BARR

No. 18-2100.

957 F.3d 88 (2020)

Jacelys Miguelina DE PENA-PANIAGUA, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

April 24, 2020.


Attorney(s) appearing for the Case

Jonathan Ng , with whom Robert F. Ley and Law Offices of Johanna Herrero were on brief, for petitioner.

Eunice Lee , with whom Blaine Bookey , Anne Dutton , and Karen Musalo were on brief, for Center for Gender and Refugee Studies, amicus curiae.

Sheila I. Velez Martinez , Linda Hamilton , Nahla Kamaluddin , and University of Pittsburgh School of Law Immigration Law Clinic, on brief for Catholic Legal Immigration Network, Inc., Hebrew Immigrant Aid Society, Leadership Conference of Women Religious, National Council of Jewish Women, and Unitarian Universalist Service Committee, amici curiae.

Anjum Gupta and Mary Holper , on brief for Immigration Law Professors, amicus curiae.

John Willshire Carrera , Zachary A. Albun , Nancy Kelly , Boston, MA, Sabrineh Ardalan , Deborah Anker , Boston, MA, Steven H. Schulman , Washington, DC, Martine E. Cicconi , and Akin Gump Strauss Hauer & Feld LLP, on brief for Harvard Immigration and Refugee Clinical Program, amicus curiae.

Richard W. Mark , Amer S. Ahmed , Indraneel Sur , Timothy Sun , Grace E. Hart , New York, NY, Chris Jones , and Gibson, Dunn & Crutcher LLP, on brief for Twenty-Nine Former Immigration Judges and Members of the Board of Immigration Appeals, amicus curiae.

Christina P. Greer , Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, with whom Joseph H. Hunt , Assistant Attorney General, Civil Division, U.S. Department of Justice, and Terri J. Scadron , Assistant Director, Office of Immigration Litigation, were on brief, for respondent.

Before Howard, Chief Judge, Kayatta and Barron, Circuit Judges.


In this case we confront the perplexing question of whether the requirements for establishing membership in a particular social group in support of a request for asylum or withholding of removal categorically reject any group defined in material part as women "unable to leave" a domestic relationship. For the following reasons...

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