PAST ARTICLES AND EDITORIAL BOARDS DEFINING THE SOCIAL GROUP IN ASYLUM PROCEEDINGS: THE EXPANSION OF
THE SOCIAL GROUP TO INCLUDE A BROADER CLASS OF REFUGEES
Peter C. Godfrey
3 J.L. & Pol'y 257 (1994)
To be granted asylum, a petitioner must be persecuted or have a well-founded fear of persecution on account of any one of five factors: race, religion, nationality, membership in a particular social group, or political opinion. Recently, several U.S. courts have narrowly construed the definition of particular social group in asylum proceedings and left many persecuted individuals without hope to allege a successful asylum claim. Because there is no statutory definition of particular social group and courts have inconsistently interpreted the term, it is difficult to ascertain the limits on social groups that are recognizable under asylum law.

This Note examines various judicial interpretations of the term particular social group and identifies the characteristics that are indicative of the presence of such a group. The author argues that many individuals, who are persecuted on account of their membership in a group, are not eligible for asylum merely because the group is deemed to be too broad to be considered a particular social group under asylum law.

Upon consideration of the principles of statutory interpretation, the lack of evidence that the recognition of broadly based groups will lead to a substantial increase in the number of aliens seeking asylum, comparative law, legislative intent and moral considerations, the author concludes that it is evident that the breadth of a social group is not a proper consideration in determining whether the group is cognizable under asylum law.