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Asylum; Immigration; Immigration & Nationality Act; INA; Membership; Particular Social Group; Domestic Violence; Victims; Gangs; Canadian Asylum Law; Canada; Board Of Immigration Appeals; BIA; Matter Of W-G-R-; Matter Of M-E-V-; Three-Element Test
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Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Brooklyn Law Review
Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria …