Opinion · Supreme Court of the United States

Gonzales v. Thomas

547 U.S. 183

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
2006-04-17
Topic
bankruptcy

holding that court of appeal should have remanded to allow agency to apply correct asylum standard | holding that court of appeals erred by holding in the first instance that members of a family are a “particular social group” without prior resolution of this issue by the BIA | holding that federal courts are not entitled to pass judgment on issues the agency did not address | ruling that the agency must first determine “whether [petitioner’s] family presents the kind of ‘kinship ties’ that constitute a ‘particular social group’ ” | holding that the court cannot affirm the Board on a ground it did not articulate | holding that the ordinary remand rule requires the court of appeals to the remand to the BIA for factual findings | holding that court of appeal should have remanded to allow agency to apply correct asylum standard | concluding that remand to agency was required where agency had not considered whether membership in applicant’s family constituted a “particular social group” | holding that due to the absence of a “special circumstance” we improperly decided a question that is the responsibility of the Attorney General and his delegates | ruling that the agency must first determine “whether [petitioner’s] family presents the kind of ‘kinship ties’ that constitute a ‘particular social No. 12‐1425 Page 4 group’ ” | holding that remand was appropriate remedy where BIA had not yet determined whether a “family” could constitute a “social group” within the meaning of 8 U.S.C. § 1101(a)(42)(A) | holding that court of appeals erred by holding in the first instance that members of a family are a “particular social group” without prior resolution of this issue by the BIA | holding federal courts are not entitled to pass judgment on issues the agency did not address | holding that remand to the BIA is the appropriate remedy | holding that 'a family may constitute a social group for the purposes of the refugee statutes,' and a petitioner can establish persecution where he was 'targeted on account of [his] shared, immutable characteristic, namely, [his] familial membership' | holding that “a family may constitute a social group for the purposes of the refugee statutes,” and a petitioner can establish persecution where he was “targeted on account of [his] shared, immutable characteristic, namely, [his] familial membership” | holding that where the IJ fails to make a proper inquiry and support its conclusions with analysis and reasoning, "the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation” | holding that where the IJ fails to make a proper inquiry and support its conclusions with analysis and reasoning, “the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation” | holding that the proper course for a court of appeals, after reversing a decision of the Board of Immigration Appeals concerning alien's eligibility for asylum, except in rare circumstances, is to remand to the Board of Immigration Appeals for additional investigation or explanation | holding that the proper course for a court of appeals, after reversing a decision of the Board of Immigration Appeals concerning alien’s eligibility for asylum, except in rare circum stances, is to remand to the Board of Immigration Appeals for additional investigation or explanation | explaining that, when an issue has not been decided by the BIA, remand is generally appropriate | holding a court of appeals is generally not empowered to make findings on an issue the BIA neglected to address | holding federal courts are not entitled to pass judgment on issues the agency did not address | holding that, pursuant to “the law’s ordinary remand requirement,” the Ninth Circuit should have remanded the issue of whether a proposed social group fell within the scope of the statutory term “particular social group” where the Board failed to make a ruling | finding that when th

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Cited by
186 opinions
GONZALES v. THOMAS,547 U.S. 183(2006)
GONZALES, ATTORNEY GENERAL v. THOMAS ET AL.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT
OF APPEALS FOR THE NINTH CIRCUIT.
No. 05-552.
Decided April 17, 2006.
The Immigration and Nationality Act authorizes the Attorney General to grant asylum to an alien who cannot return to another country because of "persecution or a well-founded fear of persecution on account of . . . membership in a particular social group."8 U.S.C. § 1101(a)(42)(A). In applying for asylum, respondents claimed fear of persecution in their native South Africa because of their "membership in a particular social group," as relatives of "Boss Ronnie," a white South African who allegedly held racist views and mistreated black workers. The Immigration Judge, focusing upon questions of race and political views, rejected their claim, and the Board of Immigration Appeals (BIA) affirmed. A Ninth Circuit panel held that the BIA had not adequately considered respondents' claim, and the en banc court held that a family may constitute a social group under the Act and that "persons related to Boss Ronnie" fell within the scope of the statutory term "particular social group."Held:The Ninth Circuit's failure to remand the "social group" question to the administrative agency is legally erroneous, and that error is obvious in light ofINSv.Orlando Ventura,587 U.S. 12(per curiam).InVentura, the Ninth Circuit reversed a BIA decision without first giving the agency an opportunity to consider whether conditions in Guatemala had improved to the point that political persecution was no longer likely. Summarily reversing, this Court noted that a "court of appeals `is not generally empowered to conduct ade novoinquiry into the matter being reviewed and to reach its own conclusions based on such an inquiry,'" and that "`the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.'"Id., at 16. No special circumstance here justified the Ninth Circuit's determination in the first instance that Boss Ronnie's family presents the kind of "kinship ties" that constitute a "particular social group." Thus, the court should have applied the "ordinary `remand' rule,"id., at 18.

Certiorari granted;409 F. 3d 1177, vacated and remanded.
PER CURIAM.
The Immigration and Nationality Act authorizes the Attorney General to grant an alien asylum if the alien cannotPage 184return to another country because of "persecution or a well-founded fear of persecution on account of race, religion, nationality,membership in a particular social group, or political opinion." § 101(a)(42)(A), as added, § 201,94 Stat. 102,8 U.S.C. § 1101(a)(42)(A) (emphasis added). The respondents, Michelle Thomas and her immediate family, applied for asylum. They checked boxes on the application form that indicated their claim rested upon fear of persecution in their native South Africa because of (1) their "political opinion[s]," and (2) their "membership in a particular social group." In proceedings before the Immigration Judge, they emphasized their fear of persecution because of their race (they are white) and their kinship with Michelle's father-in-law, "Boss Ronnie," a white South African who allegedly held racist views and mistreated black workers at the company at which he was a foreman. The Immigration Judge, focusing upon questions of race and political views, rejected their claim. And the Board of Immigration Appeals (BIA), responding to the Thomases' primarily race-related arguments, summarily affirmed that decision.

On review, a Ninth Circuit panel held by a 2-to-1 vote that the BIA had not adequately considered the Thomases' claim of persecution because of "membership in a particular social group, as relatives of Boss Ronnie."Thomasv.Ashcroft,359 F. 3d 1169,1177(2004). The Ninth Circuit took the matter en banc. The en banc court, overruling what it considered aberrant contrary Circuit precedent, unanimously held that in principle "a familymayconstitute a social group for the purposes of the refugee statutes."409 F. 3d 1177,1187(2005) (emphasis added) (overruling,inter alia, Estrada-Posadasv.INS,924 F. 2d 916(CA9 1991)). In so doing, the court relied on earlier BIA opinions holding that certain "kinship ties" fall within the statutory term. See409 F. 3d, at 1180,1184-1186.

The court then went on to hold, over the dissent of four judges, that the particular family at issue, namely "`personsPage 185related to Boss Ronnie,'" fell within the scope of the statutory term "particular social group" and that the "Thomases were attacked and threatened because they belong to the particular social group of `persons related to Boss Ronnie'. . . ."Id., at 1189. The dissenting judges argued that the question "whether the Thomasesarea `particular social group'" should first be considered by the relevant administrative agency.Id., at 1193 (opinion of Rymer, J.) (emphasis in original). And they said that the majority's contrary decision was inconsistent with this Court's holding inINSv.Orlando Ventura,537 U.S. 12,18(2002)(per curiam).

The Solicitor General now asks us to grant certiorari to consider whether the Ninth Circuit "erred in holding, in the first instance and without prior resolution of the questions by the" relevant administrative agency, "that members of a family can and do constitute a `particular social group,' within the meaning of" the Act. Pet. for Cert. I. He argues that a court's role in an immigration case is typically one of "`review, not of first view.'"Id., at 29 (quotingCutterv.Wilkinson,544 U.S. 709,718, n. 7 (2005)). He adds that the decision clearly violates what this Court described inVenturaas the "`ordinary "remand" rule.'" Pet. for Cert. 15 (quotingVentura, supra, at 18). And he concludes that "the Ninth Circuit's error is so obvious in light ofVenturathat summary reversal would be appropriate." Pet. for Cert. 29.

We agree with the Solicitor General. The Ninth Circuit's failure to remand is legally erroneous, and that error is "obvious in light ofVentura," itself a summary reversal.

The alien inVenturasought asylum on grounds of a reasonable fear of "persecution" in Guatemala "`on account of . . . [a] political opinion.'"537 U.S., at 13. The BIA held that the alien did not qualify for asylum because whatever persecution he faced when he left Guatemala in 1993 was not on account of a "`political opinion.'"Ibid.The Ninth Circuit reversed, holding that the record showed that in 1993Page 186the alien did indeed face politically based persecution in Guatemala. The Circuit then went on to consider the Government's alternative argument — that, in any event, conditions within Guatemala had improved to the point that political persecution was no longer likely.Ibid.And the Circuit rejected this "`changed circumstances'" claim without first giving the agency an opportunity to consider the matter.Id., at 14.

We reversed the Ninth Circuit summarily. We pointed out that "[w]ithin broad limits the law entrusts the agency to make the basic asylum eligibility decision."Id., at 16. "In such circumstances," we added, a "`judicial judgment cannot be made to do service for an administrative judgment.'"Ibid.(quotingSECv.Chenery Corp.,318 U.S. 80,88(1943)). "A court of appeals `is not generally empowered to conduct ade novoinquiry into the matter being reviewed and to reach its own conclusions based on such an inquiry.'"Ventura, supra, at 16 (quotingFloridaPower Light Co.v.Lorion,470 U.S. 729,744(1985)). "Rather, `the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.'"Ventura, supra, at 16 (quotingFlorida Power Light Co., supra, at 744; citingSECv.Chenery Corp.,332 U.S. 194,196(1947)). Applying these "basic legal principles," we concluded that "every consideration that classically supports the law's ordinary remand requirement does so here."Ventura,537 U.S., at 16,17.

We must reach the same conclusion in the present case. The agency has not yet considered whether Boss Ronnie's family presents the kind of "kinship ties" that constitute a "particular social group." The matter requires determining the facts and deciding whether the facts as found fall within a statutory term. And as we said inVentura:
"The agency can bring its expertise to bear upon the matter; it can evaluate the evidence; it can make an initial determination; and, in doing so, it can, through informedPage 187discussion and analysis, help a court later determine whether its decision exceeds the leeway that the law provides."Id., at 17.


We can find no special circumstance here that might have justified the Ninth Circuit's determination of the matter in the first instance. Thus, as inVentura, the Court of Appeals should have applied the "ordinary `remand' rule."Id., at 18.

We grant the petition for certiorari. We vacate the judgment of the Court of Appeals. And we remand the case for further proceedings consistent with this opinion.
It is so ordered.
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