Gashi v. Holder, No. 10-2584 (2d Cir. 2012)Annotate this Case
Petitioner, a citizen of Serbia, petitioned for review of an order of the BIA affirming the oral decision of the IJ, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The IJ rejected petitioner's claim of past persecution, explaining that his failure to demonstrate that the abuse he suffered had a sufficient nexus to a protected ground. The court concluded, however, that the proposed group of cooperating witnesses was a particular social group under the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(42)(A). Accordingly, the court granted the petition for review, vacated the BIA's order, and remanded for the agency to consider whether petitioner was a member of the group, whether the 2005 attacks and threats directed against petitioner amounted to persecution, and, if so, whether that persecution was on account of his membership in the group.