The Board of Immigration Appeals has determined that the social distinction element of a particular social group generally must be measured on a countrywide basis, rather than from the perspective of a neighborhood or other limited geographic area. The case involved a Honduran applicant in withholding-only proceedings who had opposed MS-13’s attempt to recruit her daughter.
The Board vacated the grant of withholding of removal. It concluded that the Immigration Judge erred by relying on neighborhood-level recognition to find social distinction and also erred in the nexus analysis. The Board found that MS-13’s central motive was recruitment, compliance, and control, not the applicant’s family membership. The case was remanded for CAT proceedings only.
The full text of Matter of S-E-M-Z- can be found here: https://www.justice.gov/eoir/media/1444566/dl?inline