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Immigration-Asylum-Withholding of Removal-Cognizable Social Group
Staff Report//March 18, 2026//
Petitioner sought review of an order of the BIA that denied his appeal of an IJ’s denial of his application for asylum and withholding of removal. The IJ concluded that petitioner’s proposed social group was not cognizable. On appeal, the BIA determined that petitioner had waived his challenge to the cognizability determination. Petitioner argued that the BIA had a duty to review the determination sua sponte.
Where petitioner failed to exhaust his administrative challenge to the cognizability determination, there was no error in invoking the waiver rule.
Petition is denied.
Deleon-Velazquez v. Bondi (MLW No. 84470/Case No. 25-1844 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review of an order of the Board of Immigration Appeals.
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