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Blandon Law Immigration

Friday, February 7, 2014

Landowners and Those Who Oppose Gangs May Be Able to Get Asylum Under New PSG Definition

    Thirty years after the first case that defined "particular social group" in asylum, the Board of Immigration Appeals has just published a new case with a more detailed definition.  It can be read here.
    Thanks to the fact that  foreigners who are members of a particular social group can get protection in the U.S., gays, victims of domestic violence, former police members, and others are here legally.  In this case, the Board was trying to decide whether "youth from Honduras who do not want to join a gang."
    In order to obtain asylum as a member of a particular social group, foreigners must demonstrate that they are "socially distinct within their societies."  In other words, they need to show how others know they are different.  A "successful case will require evidence that members of the proposed particular social group share a common immutable characteristic, that the group is sufficiently particular, and that it is set apart within the society in some significant way."

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