Matter of Sangchul Lee, 2013 WL 3899749, A200-298-115 (BIA July 5, 2013) (unpublished).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.
An immigration law blog focusing on immigration issues arising at or within the Sixth Circuit.
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.