What is a

What is a "Particular Social Group" for the Purposes of Asylum Cases?

The phrase “particular social group” is one of the “protected grounds” which may entitle a non-citizen to asylum in the United States. In order to qualify for asylum, a non-citizen must prove that he or she has suffered persecution, or has a reasonable fear of future persecution from his or her native country, based on his or her race, religion, nationality, membership in a particular social group, or political opinion. Membership is a particular social group is one of the more difficult categories to define, and can encompass a wide range of groups. However, what exactly constitutes a particular social group can vary from one immigration judge to the next. In the most basic terms, a particular social group is an identifiable group of people that is viewed by the native country’s government as a threat. Members of a particular social group share a certain characteristic that is fundamental to their identities. In fact, this characteristic is so intrinsic to the members’ identities that they should not have to change it in order to avoid persecution. This characteristic might be a feature with which a person was born, or a common experience that people shared. Some examples of particular social groups that immigration judges have viewed as legitimate include the following:
  • Homosexuals
  • Tribes
  • Current or former military or law enforcement members
  • Social classes
  • Family members of dissidents
  • Certain occupational groups
In recent years, immigration judges also have granted asylum in some cases based on a person’s gender. For instance, women have gained asylum in some situations if they fear that they will be subject to traditional gender-related cultural practices if returned to their home countries, such as female genital mutilation. When you or a loved one is facing deportation, but should be entitled to asylum under federal law, Landerholm Immigration, A.P.C. is here to help. Our California deportation defense lawyers care about you, your family, and your ability to remain in the U.S. As a result, we will stand beside you all of the way throughout the removal process, and work closely with you to build the strongest possible deportation defense case possible, whether based on an asylum claim or some other form of relief. Call your Oakland immigration lawyer today at (510) 756-4468 and see how you can work with us to fight back against your deportation charges. Para Espanol haz click aqui!
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