The First Circuit has rejected a categorical rule that resistance to gangs cannot be a political opinion.

“[I]n certain locations, gangs may take on a quasi-governmental role such that opposition to them is similar to opposing a government. Whether a particular gang constitutes a political entity or only a criminal one is, of course, a question that is highly context-dependent and fact-intensive.”

“When evaluating political opinion claims based on resisting gang recruitment or gang opposition, the factfinder must determine whether the applicant has an actual or imputed political opinion; if so, it must then conduct a fact-intensive assessment of the claim to determine if there is a nexus between the opinion and the gang's conduct. Successful applicants will submit persuasive evidence showing, inter alia, (1) that they possess a political opinion, or that the gang attributed a political opinion to them, and (2) a connection between the gang conduct at issue and the actual or imputed political opinion.”

The full text of Lopez Martinez v. Blanche can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1225P-01A.pdf

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