BIA Rejects Perceived Group Membership as a Basis for Asylum

The Board of Immigration Appeals has rejected the concept of perceived membership as a particular social group, finding that there were be no circumstances in which the perceived members of a group would be socially distinct from the actual members of the group. “[P]erceived membership in a group cannot itself be a cognizable particular social group. Rather, the underlying group is the true particular social group, and where that underlying group as defined is not cognizable, the perceived group is also not cognizable.”

The full text of Matter of L-A-L-T- can be found here:

https://www.justice.gov/eoir/media/1415356/dl?inline

First Circuit Remands for Further Consideration of Imputed Gang Members as a PSG

The First Circuit has remanded a withholding case for further consideration of whether imputed membership in a gang can establish membership in a particular social group (PSG). The court noted that the policy reasons for rejecting former gang members as a PSG (namely, not rewarding former gang members for bad behavior) are not present when the gang membership is only imputed.

The full text of Chavez v. Garland can be found here:

http://media.ca1.uscourts.gov/pdf.opinions/21-1267P-01A.pdf

Ninth Circuit Indicates Possibility that "Imputed Gang Members" may be PSG

The Ninth Circuit has remanded a case involving the proposed social group of imputed gang members. The court noted that its prior concerns that Congress would not have wanted to reward gang members for their behavior by recognizing them as a social group for asylum purposes do not apply when the membership is imputed only (i.e., based on an erroneous belief the persecutors that the applicant is a gang member).

The full text of Vasquez-Rodriguez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/05/19-71445.pdf