Anti-Gang / Informant Status as Political Opinion

707 F.3d 1081 (9th Cir. 2013) (en banc) · 2013

Persons who testify against gang members can constitute a PSG or be persecuted on account of political opinion; the BIA must consider whether witnesses against criminal organizations are socially distinct in their home country.

En banc. Significant expansion of PSG and political opinion doctrine for informant and witness-based claims.

29 I&N Dec. 570 (BIA 2026) · 2026

(1) Disapproval of or opposition to criminal gangs is not sufficient to establish a political opinion under the INA. (2) To establish a political opinion, an alien must have an actual or imputed belief or conviction regarding a discrete cause tied to a government of a country, including a de facto government.

Anti-gang sentiment, without a nexus to governmental authority, does not constitute a political opinion for asylum purposes. The political opinion ground requires a political belief, not mere personal opposition to criminals.