Matter of L-A-D-

Summary

The Board of Immigration Appeals sustained DHS’s appeal, vacated an Immigration Judge’s grant of asylum, and denied the respondent’s asylum and withholding claims. It held that the proposed group of “Mexican men with Schizoaffective Disorder,” defined solely by diagnosis, was not a cognizable particular social group because it lacked particularity and social distinction. The Board also held that the respondent’s feared chain of events was speculative and unsupported by evidence of persecutory intent, while remanding for consideration of protection under the Convention Against Torture.

Holdings

1. The group "Mexican men with Schizoaffective Disorder," defined only by the diagnosis, is not cognizable as a particular social group under the INA because it lacks particularity and social distinction.
2. A series of speculative occurrences that also lack evidence of persecutory intent is insufficient to demonstrate a well-founded fear of persecution.
3. The respondent did not establish a pattern or practice of persecution against Mexican men with schizoaffective disorder.
4. Because the respondent failed to establish the required nexus to a protected ground and failed to meet the asylum standard, he also failed to meet the higher standard for withholding of removal.

Questions Presented

1. Whether the proposed particular social group of Mexican men with Schizoaffective Disorder is cognizable under the Immigration and Nationality Act.
2. Whether the respondent established a well-founded fear of future persecution based on a series of speculative events involving lack of treatment, erratic behavior, institutionalization, and mistreatment.
3. Whether the respondent established a pattern or practice of persecution against Mexican men with schizoaffective disorder.
4. Whether the respondent established eligibility for withholding of removal.
5. Whether the record should be remanded for adjudication of the respondent's Convention Against Torture claim.

Disposition

reversed_and_remanded