The following excerpt is from Mejia v. Holder, No. 10-2668-ag NAC (2nd Cir. 2011):
1. The likelihood of such a claim succeeding is doubtful. Cf. Koudriachova v. Gonzales, 490 F.3d 255, 261-62 (2d Cir. 2007) (noting that "former police officer singled out for reprisal because of her role in disrupting particular criminal activity" would likely not qualify for relief based on social group persecution, since reprisal would be occasioned not by membership in group defined by immutable characteristics but rather "by others factors more specific to the particular applicant"). But we will not address the merits where, as here, the claim has never been presented to the agency.
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