The Third Circuit has determined that “Guatemala women” do not qualify as a cognizable particular social group for asylum and withholding of removal purposes because the proposed group lacks the requisite particularity. The court also recognized that the Notice to Appear in the case was lacking the time and date of the first removal hearing, which constituted a claims processing rule violation. However, the court determined that equitable considerations supported the agency’s refusal to terminate proceedings despite the rule violation.

The full text of Chavez-Chilel v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/211180p.pdf

Comment