Court: Asylum not automatic for former gang members

Immigration Law

Immigrants in the United States illegally are not automatically eligible for asylum on the basis that they are former gang members who risk persecution if they return home, a federal appeals court panel ruled Wednesday.

Three judges from the 9th U.S. Circuit Court of Appeals upheld federal immigration standards that exclude former gang members from social groups that can clearly qualify for protection.

The ruling could affect thousands of immigrants who are fleeing gang-related violence in Central America, immigration experts said.

"We have so many asylum seekers form Central America, and we have a lot of people who are forced to join gangs," said Fatma Marouf, a professor at Texas A&M University School of Law who wrote a brief in the case.

The ruling came in a deportation proceeding against a man from El Salvador, Wilfredo Garay Reyes, who left a gang in his home country and entered the United States illegally in 2001 at the age of 18, after being shot in the leg by a gang leader upset about his defection. Garay sought to stay in the United States under a law that prevents U.S. authorities from sending immigrants to countries where their lives would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion.

Garay argued that former members of his El Salvador gang constituted a "particular social group," and the gang members would kill him if he returned to El Salvador — possibly by placing a gasoline-filled tire around him and burning it, a method they prefer, he said.

Immigration officials rejected Reyes' claim on the grounds that former gang members do not constitute a particular social group.

The Board of Immigration Appeals said to qualify as a particular social group, there must be evidence showing that society "perceives, considers, or recognizes persons sharing the particular characteristic to be a group."

Garay's proposed group — members of the Mara 18 gang in El Salvador who have renounced their gang ties — was too broad, and there was little evidence society recognized them as a distinct group, the board said. The appeals court panel upheld the decision.

Related listings

  • Court: Detained immigrant children entitled to court hearing

    Court: Detained immigrant children entitled to court hearing

    Immigration Law 07/13/2017

    Immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the U.S., a federal appeals court said Wednesday.The 9th U.S. Circuit C...

  • High court could soon signal view on Trump immigration plans

    High court could soon signal view on Trump immigration plans

    Immigration Law 05/23/2017

    Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations. Some of those cases could be...

  • Volunteers accompany US immigrants to court to allay fears

    Volunteers accompany US immigrants to court to allay fears

    Immigration Law 04/23/2017

    When Salvadoran immigrant Joselin Marroquin-Torres became flustered in front of a federal immigration judge in New York and forgot to give her asylum application, a woman she had just met stood up to provide it. "Thank you," the judge said. "What is ...

Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.

Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.

Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:

• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements

For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.