Decision date: 2022-01-05

Holding that “prosecution witnesses” is not a particular social group because the context of the term is open to multiple meanings and therefore lacks particularity. In addition, based on the evidence presented, Herrera-Martinez did not meet his burden for withholding of removal under the CAT because substantial evidence supported the agency's adverse credibility finding and he failed to meet his burden with independent evidence.

Publication Status: Published

Case judge: Motz, Quattlebaum, Rushing

Decision: Herrera-Martinez v. Garland, 22 F.4th 173 (4th Cir. 2022)