Rojas-Perez v. Holder, No. 11-1047 (1st Cir. 2012)Annotate this Case
Erasmo Rojas-Perez (Rojas), the lead petitioner in this case, and his wife, Angelica Garcia-Angeles (Garcia), sought review of a final order of removal issued by the Board of Immigration Appeals (BIA). Petitioners, who had entered the United States without inspection, had filed applications for withholding of removal based on their stated belief that if the family returned to Mexico, their son, a U.S. citizen by virtue of being born in the U.S., could be kidnapped and held for ransom. The BIA reasoned that Petitioners' stated fear was not properly grounded in their belonging to a discernible social group under the Immigration and Nationality Act because "fear of persecution based on perceived wealth does not constitute a particular social group under the [INA]." The First Circuit Court of Appeals denied Rojas's petition for review, as the BIA's determinations were based on substantial evidence in the record.