Where aliens seeking asylum alleged that they were persecuted in their native country due to their race and political views and also because they were members of a "particular social group"--the family of an individual hated for his views on racial and political issues--and immigration judge and Board of Immigration Appeals ruled that they failed to demonstrate persecution based on their race or their own political views but did not address the issue of whether a family can qualify as a social group for asylum purposes, it was error for court of appeals to consider that issue on review rather than remand so that IJ and BIA could address the issue in the first instance.
Gonzales v. Thomas - filed April 17, 2006
Cite as No. 05-552
Full text http://www.metnews.com/sos.cgi?0406%2F05-552