This month, we discuss Paloka v. Holder,1 in which the U.S. Court of Appeals for the Second Circuit vacated and remanded a decision by the Board of Immigration Appeals (BIA) that rejected petitioner Silvana Paloka’s appeal from an immigration judge’s denial of her application for asylum. Paloka’s claim for asylum was based on her assertion that she was a member of a “particular social group,” pursuant to the Immigration and Nationality Act (INA).2 The court’s opinion, written by Judge Jon O. Newman, and joined by Judges Jose A. Cabranes and John M. Walker, Jr., focused on the BIA’s recent decisions that have clarified the criteria for what constitutes a “particular social group.” Based on these recent decisions, the court vacated the BIA’s decision and remanded the case for further proceedings.
Background
Paloka’s parents lived in Berdice, Albania, an area that previously served as an internment camp for people who spoke out against the communist government.3 From the 1960s until the fall of the communist regime, Paloka’s parents and grandparents were persecuted for their anti-communist ideology. In 1965, Paloka’s grandparents had their land taken and were interned in the camp. In 1985, Paloka’s father was disabled as a result of a beating at the hands of government agents. In 1989, Paloka was born in the internment camp.
