Cece v. Holder

The case concerns an Albanian woman who fled a notorious prostitution and sex trafficking ring that operated with impunity.  The United States Court of Appeals for the Seventh Circuit determined that women fleeing trafficking for sexual exploitation may establish eligibility for asylum based on their membership in a particular social group defined by their gender, marking a triumph for gender-based asylum claims.

CGRS Involvement

CGRS consulted with counsel for Ms. Cece, Scott Bratton at Margaret W. Wong & Associates, and the National Immigrant Justice Center that appeared as amicus.

Basic Facts

After Ms. Cece’s parents left the country when she was a girl, one of the ring’s leaders began stalking her. Ms. Cece had seen him near her high school looking for girls, and she had heard that he had kidnapped at least one of these girls for prostitution. Ms. Cece refused his advances and, on one occasion, he accosted her in public, pushing her up against the wall of a store and threatening her. When she reported the assault, the police dismissed her claim without investigation. Shortly after the incident, someone threw a rock through Ms. Cece’s window, causing her to go into hiding with her sister.  In 2002, after Ms. Cece’s sister had also left Albania, leaving her without family protection in the country, she came to the United States.

Procedural History

Ms. Cece applied for asylum in the United States.  An immigration judge granted her application in 2006. The Board of Immigration Appeals reversed the decision. It found that the social group Ms. Cece put forward – defined by gender, nationality, youth, and vulnerability to trafficking as someone lacking protection from husband or family – did not have social visibility, a criteria for social groups imposed by the Board that the Seventh Circuit later invalidated in Gatimi v. Holder.

Reluctantly, but bound by the Board’s decision on remand, the Judge reversed its prior order and denied Ms. Cece’s claim. The Board of Immigration Appeals upheld the denial on appeal, this time finding that the group was impermissibly defined by Ms. Cece’s fear of persecution. A panel of the Seventh Circuit denied Ms. Cece’s petition for review of the BIA decision in a February 6, 2012 ruling, later agreeing to rehear the case en banc, which led to the August 9 decision setting forth the legal standards for asylum cases such as Ms. Cece’s and remanding her case for reconsideration.

Importance of the Cece Decision

Particular social group is the most contested ground for asylum. The Cece decision clarifies the standard for defining particular social groups and thereby removes one barrier to protection for those fleeing gender-based violence – including not only sex trafficking but also, for example, domestic violence and forced marriage. 

Legal Documents

Seventh Circuit en banc decision

NIJC Amicus Brief

News Coverage

Molly Redden, "A Sex Trafficking Victory That Shows Just How Broken the System Is,” New Republic, August 29, 2013 

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