Decision date: 2023-11-02

Holding that the Agency properly found that the particular social group (PSG) of "Salvadoran women who are threatened after rejecting a gang leader's sexual advances" was not cognizable. Also declining to review Diaz-Portillo's challenge to the Immigration Judge's (IJ) finding that she failed to prove that the Salvadoran government was unable or unwilling to protect her because the Board did not rely on that finding to affirm the order of removal. The Fourth Circuit separately dismissed Diaz-Portillo's request to remand for consideration of her request for prosecutorial discretion based on lack of jurisdiction.

Publication Status: Unpublished

Case judge: Harris, Keenan, Quattlebaum

Decision: Diaz-Portillo v. Garland, No. 22-1900, 2023 WL 7212269 (4th Cir. Nov. 2, 2023)