NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 22-2039 ______________ B.L.L., Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A205-641-788) Immigration Judge: Tamar H. Wilson ______________ Submitted Under Third Circuit L.A.R. 34.1(a) March 6, 2023 ______________ Before: SHWARTZ, BIBAS, and AMBRO, Circuit Judges. (Filed: March 9, 2023) ______________ OPINION* ______________ * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. SHWARTZ, Circuit Judge. B.L.L. petitions for review of the Board of Immigration Appeals (“BIA”) decision denying her claim for asylum. Because the BIA erred in concluding that B.L.L. waived her claim for humanitarian asylum, and because the BIA misread one of B.L.L.’s proposed particular social groups, we will grant the petition for review and remand to the BIA. I B.L.L. grew up in Guatemala with five brothers and one sister. B.L.L.’s father began sexually abusing her daily when she was about five years old and began raping her when she was nine years old. He also beat B.L.L., her mother, and her siblings. Her four older brothers fled their home due to the abuse. Neither B.L.L. nor her mother reported the abuse to the police. B.L.L.’s father kept her isolated from others, removing her from school when she was nine years old to prevent her from playing with other children. He threatened to burn her if she ever told her mother or anyone else about the abuse. When B.L.L. was eleven or twelve years old, her father left for the United States. Thereafter, B.L.L. met her now- husband and moved in with his family. When her father returned to Guatemala, he threatened to kill B.L.L. and her husband and prevented B.L.L. from visiting her mother. B.L.L.’s husband went to the police once regarding these threats, but later left the country. 2 B.L.L. remained and her father continued to threaten her.1 She fled to the United States in 2012. B.L.L. was apprehended by the Department of Homeland Security and removal proceedings were commenced before an Immigration Judge (“IJ”).2 In response, B.L.L. filed, among other things, an application for asylum. 3 B.L.L. claimed that her father’s abuse constituted persecution and she feared that her father would “rape, beat, or even kill” her if she returned to Guatemala. She alleged that her persecution was based on her membership in three particular social groups (“PSG”s): (1) “a child viewed as ‘property’ of her father”; (2) “a child without parental protection”; and (3) “a member of the [L* D*] family.”4 AR 117-19.5 1 In her credible fear interview, B.L.L. also stated that when she was eighteen, after her husband left for the United States, her father coerced her to move back in with him, and he resumed raping her. However, this is not mentioned in her affidavit or testimony before the IJ. 2 B.L.L. was initially charged as inadmissible under 8 U.S.C. § …
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