As the nation’s second largest federal court of appeals by number of judges, the 5th U.S. Circuit Court of Appeals regularly resolves difficult disputes involving diverse issues. One article cannot do justice to its docket. But here are 10 cases worth noting from 2011.
• Demiraj v. Holder (Jan. 11): A person may earn asylum if she fears persecution on account of membership in a particular social group. So, what if a mother and son fear revenge for something done by the father (say, cooperating in a U.S. human smuggling prosecution)? The 5th Circuit affirmed the denial of asylum to his wife and son (even though the United States granted asylum to his nieces), concluding that the motivation for revenge was not group membership but something more personal: “[H]urting them would hurt Mr. Demiraj.” Judge James L. Dennis dissented, noting a split with the 7th U.S. Circuit Court of Appeals. A cert petition remains pending — curiously, the United States has obtained five separate extensions on its deadline to respond.
