Carmen Odalis Cabrera-Hernandez v. Pamela Bondi -Board of Immigration Appeals
Split Score
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Case Summary
Disposition
Affirmed
The Sixth Circuit denied Carmen Cabrera-Hernandez’s petition for review, upholding the Board of Immigration Appeals’ determination that her proposed particular social groups—variations on “Honduran women” of certain ages—are too broad to be cognizable for asylum. Because her PSGs failed the ‘particularity’ requirement, the court concluded she could not establish asylum, withholding, or CAT protection and therefore affirmed the BIA’s order.
Circuit Split Identified
Legal Issue
Whether broad demographic groups defined primarily by gender and nationality (e.g., “Honduran women”) satisfy the ‘particularity’ requirement to constitute a cognizable ‘particular social group’ (PSG) for purposes of asylum eligibility under the Immigration and Nationality Act.
Circuit Positions
Broad gender-plus-nationality groups (e.g., “Guatemalan women,” “Somalian females”) can constitute cognizable PSGs despite their size.
Such broad demographic groups are overbroad, lack particularity, and therefore are not cognizable PSGs.
Conflict Summary
The Ninth Circuit has held that large, gender-based nationality groups can be cognizable PSGs and rejected the idea that sheer size defeats particularity, whereas the Sixth Circuit deems such groups overbroad and insufficiently particular, thereby rendering them non-cognizable.