- Legal News Updates
- Law Center
- Legal Business
- Court News Center
- Law Firm News
- Legal Interviews
- Headline News
- Political and Legal
- Practice Focuses
- Legal Spotlight
- Events & Seminars
- Legal Marketing
- Court Watch
- Immigration Law
- Media Center
- Justice Stories
- Court: Man can't be retried for murder after mistrial ruling
- Michigan Democrats back Nessel for state attorney general
- Question of sales tax on online purchases goes to high court
- Supreme Court again refuses to hear Blagojevich appeal
- Court hears case alleging unconstitutional 6th District gerrymander
- Maryland redistricting case comes before Supreme Court
- Courts weighing numerous challenges to political boundaries
- Arkansas wants court to dissolve stay for death row prisoner
- TransCanada doesn't have to pay landowner attorneys
- Martin Shkreli cries in court, is sentenced to 7 years for securities fraud
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.
Legal News Media
Legal News Organization press is the top headline legal news provider for lawyers and legalprofessionals. Read law articles and breaking news from law firm's across the United States to get the latest updates. The content contained on the web site has been prepared by Legal News Media as a service to the internet
community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.