Court: Asylum not automatic for former gang members
National News
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
-
Ted Cruz's Supreme Court remark draws White House criticism
National News 10/28/2016Sen. Ted Cruz's suggestion of an indefinite Supreme Court vacancy under a President Hillary Clinton raises questions about the credibility and integrity of Republicans who have said the next president should get to the choose who fills the vacancy, W...
-
Rights group criticizes Polish law of weakening top court
National News 10/14/2016An international human rights body on Friday criticized recently enacted legislation in Poland regulating the nation's top legislative court, saying the law "gives excessive power to parliament and the executive over the judiciary." The Venice Commis...
-
Iraq's federal court rules against prime minister's reforms
National News 10/12/2016Iraq's federal court ruled on Monday that Prime Minister Haider al-Abadi's move to abolish the largely ceremonial posts of the country's vice president and deputy prime minister is unconstitutional. Under Iraq's constitution, abolishing the posts wou...
Car Accident Lawyers in New Rochelle, New York
If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.
Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.
You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.