Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.

Gaitan v. Holder

Petition for certiorari denied on October 29, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1525 8th Cir. N/A N/A N/A N/A OT 2012

Issue: 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..

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