Cece v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-1989
Decision Date: 
August 9, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Bd. erred in denying alien’s asylum application where alien alleged that she feared returning to Albania because she believed that as young woman living alone, she would be targeted for kidnapping and forced to join prostitution ring run by local gang, where basis of denial was Bd.’s belief that alien’s definition of “social group,” i.e., young women targeted for prostitution by traffickers, was not cognizable under 8 USC section 1101(a)(42)(A). Ct. found that alien’s defined social group was cognizable under prior case law that approved similar groups for protection and rejected Bd.’s reasoning that alien’s social group was not cognizable where social group was defined in large part by harm inflicted on group. Ct. also rejected Bd.’s finding that alien failed to show that internal relocation to Albania was not feasible, where expert testified that alien would be unable to hide anywhere due to Albania’s small area. (Dissents filed.)