100 Iowa L. Rev. 1891 (2015)

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Abstract

Currently, international and domestic immigration laws identify persecution on account of membership in a “particular social group” as one basis for granting an individual asylum. The dominant approach in both domestic and foreign analysis for defining what constitutes a “particular social group” has been to look for an immutable characteristic that all members of the group share. This was the approach originally adopted in the landmark Board of Immigration Appeals (“BIA”) ruling Matter of Acosta. However, since that ruling, the BIA has adopted an additional inquiry into the “social visibility” of potential “particular social groups.” Circuit courts are divided on whether such a requirement is valid, and the definition of “particular social group” has strayed from its traditional sources grounded in the jurisprudence of the other protected grounds, such as political opinion and the interpretation of the UNHCR Guidelines. This Note argues that the BIA should adopt a cascading analysis for “particular social group” determinations that conforms to the Guidelines’ use of social perception and the encompassing nature of the political opinion analysis.