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Former Gang Members And The Particular Social Group Standard: Why America's Highest Court Should Green Light The Killing Of The Bia's Three-Prong Test, Téa Antonino
San Diego Law Review
This Comment establishes why the Supreme Court should clarify the elusive definition of “[m]embership in a particular social group” to resolve confusion amongst the circuit courts. Part II provides an overview of the historical context and legal basis for former gang members seeking asylum and withholding of removal. Part III explores the circuit courts’ disagreement behind the reasonableness of the BIA’s three-prong test for establishing a PSG claim: immutability, particularity, and social distinction. Part IV explains why the current three-prong PSG test is not entitled to Chevron deference, while Part V proposes the Supreme Court reimplement the Acosta factors—based on …