Tay-Chan v. Holder, No. 11-1548 (1st Cir. 2012)Annotate this Case
Petitioner, a native and citizen of Guatemala, entered the United States without inspection. The Immigration and Naturalization Service (INS) later issued Petitioner a notice to appear in removal proceedings. An immigration judge (IJ) denied Petitioner's application for withholding of removal but granted his application for voluntary departure. The board of immigration appeals (BIA) affirmed the IJ's decision and dismissed Petitioner's appeal. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the BIA did not err by determining that Petitioner had not been a victim of past persecution in Guatemala; (2) Petitioner's argument that the BIA erred in finding he was not a member of a particular social group was not grounds for granting his petition for review; and (3) imposing a requirement of "social visibility" as to "social groups" did not constitute an arbitrary and capricious agency interpretation.