Case Explained: GESSIKA ALVES-PAINS; IURI SILVA-GONCALVES; R.S.P.; I.F.G.P.; E.S.P v. TODD W. BLANCHE,* Acting Attorney General

Court: United States Court of Appeals for the First Circuit Filed: 2026-06-18 The First Circuit denied the petition for review of the Board of Immigration Appeals’ (BIA) denial of a motion to reconsider the dismissal of an asylum appeal. The court held that the BIA did not abuse its discretion in rejecting the petitioners’ arguments regarding their proposed particular social groups (PSGs). Under the standard of review for motions to reconsider, the court applies an abuse of discretion test, upholding the BIA’s decision unless it lacks a rational explanation or rests on an impermissible basis. The court affirmed the BIA’s conclusion that the petitioners failed to establish eligibility for asylum based on two proposed PSGs. First, regarding the group “Brazilian women who are unable to leave relationships with the fathers of their children,” the court found the record supported the BIA’s determination that Alves-Pains was not a member of this group because she had left her abuser years prior and there was no evidence she was ever unable to leave the relationship during the period of alleged persecution. Second, regarding the group “perceived immediate family member of [the abuser] as mother in a nuclear family,” the court upheld the BIA’s finding that the group lacked particularity because it was defined by the subjective perception of an unknown viewer rather than immutable characteristics or clear boundaries. The court noted that petitioners could not rely on *Matter of A-R-C-G-* to support their claim, as the facts were materially different and the case had been overruled, and emphasized that applicants bear the burden of establishing membership in a cognizable PSG. As a practical consequence, the petition for review is denied, leaving in place the BIA’s order dismissing the appeal from the Immigration Judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture. The petitioners remain subject to removal to Brazil. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.