Orellana-Recinos v. Barr, No. 19-9596 (10th Cir. 2021)Annotate this Case
Petitioners Ana Orellana-Recinos and her son, Kevin Rosales-Orellana, natives and citizens of El Salvador, sought review of a Board of Immigration Appeals (BIA) order dismissing their appeal of an immigration judge's (IJ) dismissal of their applications for asylum. They contended they were persecuted because of their membership in a particular social group: namely, Kevin’s immediate family. Even assuming that Kevin’s immediate family qualified as a particular social group under the Immigration and Nationality Act, the Tenth Circuit Court of Appeals concluded the BIA properly found that Petitioners were not persecuted “on account of” their membership in that group. In addition, the Court rejected the government’s argument that the Court lacked jurisdiction to review Petitioners’ challenge to the BIA’s decision.