Sanchez-Ochoa v. Sessions

(1) Whether the Board of Immigration Appeals" "particularity" and "social visibility" requirements for determining when an applicant claims membership in a particular social group as a basis for asylum per 8 U.S.C. § 1101(a)(42)(A), which have caused a circuit split, are unreasonable interpretations of the law and thus not entitled to deference under Chevron USA, Inc. v. Natural Resources Defense Council; (2) whether a "particular social group" may arise from a voluntary association, or lack of association, as suggested by dicta in Matter of Acosta, expressly followed by the U.S. Court of Appeals for the 9th Circuit, and implicitly affirmed in several others; and (3) whether the current Board of Immigration Appeals requirements violate the principle of non-refoulement and the United States" international law obligations by returning credible applicants to countries where they will suffer serious harm.