U.S. Court of Appeals for the Second Circuit
Visibility of Social Group
Gashi v. Holder
Judges Kearse, Leval and Chin
Background: The petitioner sought review of an order from the Board of Immigration Appeals that affirmed the denial of the petitioner’s application for asylum. The petitioner argued that the court had incorrectly found him ineligible because the group in which he claimed membership did not qualify as an eligible “particular social group” subject to persecution.
Ruling: The Second Circuit vacated and remanded. The petitioner had testified that he and others were attacked by soldiers of the Kosovo Liberation Army in 1998. After the petitioner met with officials investigating allegations of war crimes by the KLA leadership, the petitioner was assaulted, threatened, and harassed by the KLA for his cooperation. All of the witnesses, including the petitioner, had their names published on a list. The court held that these facts satisfy the social visibility requirement for a particular social group.
H. Raymond Fasano of Madeo & Fasano for the petitioner; Paul Fiorino of the U.S. Department of Justice for the respondent