De Orejuela v. Gonzales

Jaidibe Tapiero de Orejuela and her three sons, Saul Alberto, Carlos Andres, and Juan Jose, fled Colombia after the Revolutionary Armed Forces of Colombia (FARC, standing for Fuerzas Armadas de Colombia) murdered Jaidibes husband and the father of her children and then continued its threats on the family. The Orejuelas applied for asylum based on their persecution as members of the educated, wealthy, landowning class in Colombia that opposed FARC, as members of the immediate family of the deceased Mr. Orejuela, and based on their political opinions in opposition to FARCs communist doctrine. The Immigration Judge (IJ) denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Board of Immigration Appeals (BIA) summarily affirmed the IJs decision. We conclude that the Orejuelas have shown that they are members of a persecuted social group. We therefore grant the petition for review and remand for further consideration of their claim.