Law School Students Submit Brief Arguing that BIA Erred

Recently, some law school students participating in a law school immigration law clinic filed an amicus brief and argued that the Board of Immigration Appeals erred in rejecting a proposed social group of “Salvadoran women” in an asylum case. 

In their amicus brief, the law students argued the following things: recognizing gender per se as a particular social group is faithful to the refugee act as construed by longstanding agency precedent; gender per se as a cognizable particular social group is consistent with fourth circuit case law; other circuit courts and the agency have recognized gender per se may constitute a cognizable particular social group; the conclusion that gender alone constitutes a particular social group is consistent with the purpose of the refugee act and international treaties; and recognizing gender per se social groups promotes fairness, consistency, and administrability. 

You can read the entire amicus brief here:

https://www.aila.org/infonet/amicus-brief-arguing-bia-erred-in-rejecting

Jonathan Webster