The petition of the day is:

Gaitan v. Holder

Docket: 11-1525
Issue(s): Whether, for purposes of the Immigration and Nationality Act, under which a non-citizen can qualify as a “refugee” (and therefore be eligible for asylum) if he is unwilling or unable to return to his country of origin “because of . . . a well-founded fear of persecution on account of . . . membership in a particular social group,” the Board of Immigration Appeals' new definition of “particular social group” – which requires those seeking asylum to prove that their group possesses “social visibility” and “particularity” – is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), or unreasonable under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc..

Certiorari stage documents:

Posted in Gaitan v. Holder, Cases in the Pipeline

Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Jul. 26, 2012, 8:12 AM), http://www.scotusblog.com/2012/07/petition-of-the-day-317/