What is the test for withholding of deportation under section 243(h) of the Immigration Code?

MultiRegion, United States of America

The following excerpt is from Rodriguez v. I.N.S., 967 F.2d 590 (9th Cir. 1992):

In order to establish her eligibility for withholding of deportation based on group membership, Rodriguez must demonstrate that: (1) the class of persons she has identified are cognizable as a "particular social group" under section 243(h); (2) she qualifies as a member of that group; (3) the alleged 'social group' has been targeted for persecution based on the characteristics of the group members, and (4) 'special circumstances' justify per se eligibility for withholding of deportation or asylum based solely on membership in the social group. Sanchez-Trujillo v. INS, 801 F.2d 1571, 1574-75 (9th Cir.1986).

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