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Particular Social Group; Board of Immigration Appeals; Asyum Seeker; Gang Members; Immutability; Immigration; Non-citizen; Persecuted; Persecution; Deportation; Immigration and Nationality Act; Matter of Acosta; Amaya v. Rosen; MS-13; Refugee Act of 1980; Chevron U.S.A.; Inc. v. Natural Resources Defense Council; Social Visibility; Particularity; Matter of C-A; Matter of A-M-E & J-G-U; Northern Triangle; Matter of A-R-C-G-; Gatimi v. Holder; Valdiviezo-Galdamez v. Attorney General of the United States; Valdiviezo-Galdamez; Immigration and Customs Enforcement; Border Protection; Anti-terrorism and Illegal Immigration Control Act of 2005
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Full-Text Articles in Law
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Journal of Law and Policy
This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …