Recent Court of Appeals Decisions of Interest

Serna-Garcia v. Attorney General, (3d Cir. Sept. 24, 2009)

“Serna-Garcia argues that the IJ erred in failing to address whether she qualifies for asylum or withholding as a member of a particular social group. We agree. Serna- Garcia squarely presented a claim based on her membership in a potential social group to both the IJ and the BIA. She claims to belong to a social group composed of young, single women with financial means who are vulnerable to kidnapping and have been threatened by FARC.” 

Caryn Tamber reports in “Asylum denied in female circumcision case” that the en banc U.S. Circuit Court of Appeals for the Fourth Circuit will not review the asylum case of a woman whose father has said he will bring her back to Senegal, circumcise her and marry her off to a much older man. The court, which is authorized to have 15 judges but currently has only 10, split 5-5 Monday on whether to rehear the case en banc. The tie means Francoise A. Gomis, whose asylum petition was denied by three-judge panel in July, will not get a rehearing. For the ACLU’s cert petition in the case, click here.

KJ