The Board of Immigration Appeals has determined that “[i]ndividuals who cooperate with law enforcement may constitute a valid particular social group under the Immigration and Nationality Act if their cooperation is public in nature, particularly where testimony was given in public court proceedings, and the evidence in the record reflects that the society in question recognizes and provides protection for such cooperation.” The Board then denied relief to the respondent in this case because his cooperation with the FBI’s investigation into gang activities consisted of conversations in the jail, and did not include public testimony.
“The public nature of a police report or testimony, while not dispositive, is significant.” “In regards to social distinction, [] there must be evidence that the society in question generally views witnesses as a distinct group before the group will satisfy the social distinction requirement. Thus, it is important to focus on how the relevant society views prosecutorial witnesses.”
The Board noted that the Third Circuit had taken a different (and more generous) approach to the cognizability of social groups comprised of individuals who cooperate with the police, and does not require any type of public testimony.
The full text of Matter of H-L-S-A can be found here: