Romeike v. Holder

718 F.3d 528 (6th Cir. 2013)

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Nature of the Case

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Facts

Uwe and Hannelore (Ps) have five children, ages twelve, eleven, nine, seven and two. The law in Germany required that Ps send their children to public school. Ps taught their children at home based on religious reasons. This upset the government and Ps were prosecuted for truancy. German law requires all children to attend public or state-approved private schools. Ps feared that the public school curriculum would 'influence [their children] against Christian values.' Fines did not bring Ps in line. The police went to Ps' house and escorted the children to school. The next time, four adults and seven children from Ps' homeschooling support group intervened, and the police, reluctant to use force, left the premises without the children. Ps were found guilty of, violating the compulsory-attendance law, leading to still more fines. The prosecution and the mounting fines were too much to take. Ps moved to the United States in 2008. At the time of their departure, they owed the government 7,000 euros or roughly $9,000. Ps entered the United States through a visa waiver program. Uwe applied for asylum, and his wife and five children sought relief as derivative applicants. The immigration judge approved the applications finding that Ps had a well-founded fear of persecution based on their membership in a 'particular social group': homeschoolers. BIA reversed the decision. It held that there was no proof that the compulsory school attendance law was selectively applied to homeschoolers and that homeschoolers were not punished more severely than other parents whose children broke the law. It held that 'homeschoolers' are not protected by the immigration laws because they 'lack the social visibility' and 'particularity required to be a cognizable social group.' P appealed.