Matter Of L-E-A .

27 I N Dec. 581 (2019)

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Nature of the Case

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Facts

In 1998, LEA (P), a Mexican citizen, illegally entered the United States. After a criminal conviction for driving under the influence, the Department of Homeland Security (D) initiated removal proceedings. P accepted voluntary departure and returned to Mexico in May 2011. But he did not stay there long. By August 2011, P had again illegally returned to the United States. D apprehended him and commenced removal proceedings. P conceded removability, but this time sought asylum based upon a claim of persecution allegedly suffered during his brief return to Mexico. Upon returning to Mexico, he had gone to live with his parents in Mexico City. His father operated a neighborhood general store there. La Familia Michoacana, a Mexican drug cartel got very upset with P's father because the father refused to sell the cartel's drugs out of his store. Four armed cartel members asked P to agree to sell the cartel's drugs at his father's store. P declined, and the cartel members threatened him and advised him to reconsider. Four masked men, in the same sport-utility vehicle, attempted to kidnap P, but he managed to escape. P left Mexico City for Tijuana, where two months later, he illegally crossed back into the United States and was thereafter apprehended. P claimed persecution in Mexico based on his membership in the particular social group comprising his father's immediate family. The immigration judge denied relief on the ground that P had not shown he was the victim of persecution. Being a victim of criminal activity is not persecution. The Board reversed. D had stipulated that the immediate family unit of P's father qualifies as a cognizable particular social group. To satisfy the requirements of particularity and social distinction the Board noted that such a determination requires 'a fact-based inquiry made on a case-by-case basis,' and will not be satisfied by 'all social groups that involve family members.' The Board did not perform such an inquiry; instead, it summarily concluded that P fit the bill. The Board denied P's asylum application because of the absence of the necessary nexus between his membership in the group and the persecution. P was targeted 'because he was in a position to provide access to the store, not because of his family membership.' The Attorney General took the case for review.