Pena Oseguera v. Barr, No. 17-60339 (5th Cir. 2019)
Annotate this CasePetitioner appealed the denial of his application for asylum and withholding of removal. The Fifth Circuit held, in light of Matter of L-E-A-, -- which stands for the proposition that families may qualify as social groups, but the decision must be reached on a case-by-case basis -- that the BIA failed to rely on the factual findings of the IJ, which were likely impacted by the incorrect legal posture through which the IJ viewed the case. Considering the error, and in order that the IJ and the BIA may have the benefit of the increased clarity provided by Matter of L-E-A-, the court remanded for further proceedings.
The court issued a subsequent related opinion or order on October 15, 2019.
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