Matter of L-E-A

LEA (plaintiff) was a Mexican citizen whose father ran a neighborhood general store. A Mexican drug cartel approached LEA’s father about selling drugs out of his store, and LEA’s father refused. The cartel shot at and attempted to kidnap LEA because of his father’s refusal. Fleeing Mexico, LEA illegally crossed into the United States and was apprehended. In his removal proceeding, LEA sought asylum under the Immigration and Nationality Act (INA), claiming that he was persecuted based on his membership in a particular social group comprised of his father’s immediate family. The immigration judge denied LEA’s petition, finding that LEA faced criminal activity, not persecution. The Board of Immigration Appeals (board) determined that a group comprised of a person’s immediate family members constituted a particular social group under the INA because both LEA and the Department of Homeland Security (defendant), the party opposing LEA’s asylum petition, agreed on the point. However, the board denied LEA’s asylum petition because no nexus existed between LEA’s membership in the particular social group and any demonstrated persecution. The United States attorney general, William Barr, referred the case to himself for review and to clarify whether a family group could constitute a particular social group under the INA.