Matter of L-A-L-T-

BIA

29 I&N Dec. 269 (BIA 2025)

2025

Holding

(1) Perceived or imputed PSG membership only satisfies the PSG requirements if the underlying group of which the respondent is perceived to be a member is, standing alone, sufficiently cognizable. (2) 'Perceived Salvadoran gang members' is not a cognizable PSG. Matter of E-A-G-, 24 I&N Dec. 591 (BIA 2008), reaffirmed.

Practitioner Note

Closes the 'perceived membership' workaround — the underlying group must itself be cognizable, not merely the perception.

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