Matter of Sangchul Lee, 2013 WL 3899749, A200-298-115 (BIA July 5, 2013) (unpublished).
The BIA held that aggravated assault, MCL 750.81a is not categorically a CIMT. It specifically does not require the use of a weapon and it requires an intent less than an intent to commit murder or great bodily harm less than murder.
The BIA remanded for a modified categorical approach.
Friday, August 2, 2013
CA6 on Particular Social Group and Social Visibility
Umana-Ramos v. Holder, No. 12-4274 (CA6 July 30, 2013) (published)
In this resistance to gang recruitment case, the Court clearly adopted the BIA's particular social group test, which requires a showing of particularity and social visibility. The Court did so with a caveat - social visibility is not to be taken literally (there is no on-sight visibility requirement). Rather, it means that individuals with a shared characteristic must be perceived as a group in the society at issue.
In this resistance to gang recruitment case, the Court clearly adopted the BIA's particular social group test, which requires a showing of particularity and social visibility. The Court did so with a caveat - social visibility is not to be taken literally (there is no on-sight visibility requirement). Rather, it means that individuals with a shared characteristic must be perceived as a group in the society at issue.
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