Gang-Related Claims

24 I&N Dec. 579 (BIA 2008) · 2008

Salvadoran youth who resist gang recruitment and family members of such youth do not constitute cognizable PSGs; the proposed groups lacked the required particularity and social visibility.

Companion to Matter of E-A-G-. Applied new social visibility and particularity requirements to gang-based claims.

24 I&N Dec. 591 (BIA 2008) · 2008

Persons resistant to gang recruitment in El Salvador and young men in El Salvador do not constitute cognizable PSGs due to lack of social visibility and particularity.

Companion to Matter of S-E-G-. Together these cases established the social visibility and particularity requirements.

26 I&N Dec. 208 (BIA 2014) · 2014

Former members of Salvadoran youth gangs who have renounced their membership do not constitute a cognizable PSG because the group lacks particularity and social distinction.

Companion to M-E-V-G-. Applied the reformulated PSG standards to former gang member claims.

27 I&N Dec. 316 (A.G. 2018) · 2018

Held that claims by aliens who suffer domestic violence or gang violence generally will not qualify for asylum; overruled Matter of A-R-C-G- and raised significant barriers to domestic violence and gang-based PSG claims.

Issued by A.G. Sessions. Vacated by A.G. Garland in A-B-, 28 I&N Dec. 307 (A.G. 2021). Reinstated as controlling law by Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. 2025).

28 I&N Dec. 307 (A.G. 2021) · 2021

Vacated Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) in its entirety; restored Matter of A-R-C-G- as binding precedent and removed restrictions on domestic violence and gang-based asylum claims.

Issued by A.G. Garland. Overruled by Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. 2025), which reinstated A-B- 2018 as controlling law and also overruled A-R-C-G-.

622 F.3d 1007 (9th Cir. 2010) · 2010

An alien's desire to be free from harassment by criminals motivated by theft or personal malice does not implicate a protected ground; gang violence motivated by personal animus or desire for criminal profit does not establish nexus.

Frequently cited for the proposition that criminal motivation breaks the nexus to a protected ground.

750 F.3d 1077 (9th Cir. 2014) · 2014

Reversed denial where IJ failed to consider whether proposed PSG of Guatemalan witnesses who refuse to cooperate with gangs was socially distinct; remanded for proper social distinction analysis including expert and country condition evidence.

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. 207 (A.G. 2025) · 2025

Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) is overruled. IJs and the Board shall adhere to Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018). By extension, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), and any decision issued in reliance thereupon, is also overruled.

Landmark 2025 A.G. decision reinstating the A-B- 2018 restrictions on domestic violence and gang-based claims and overruling A-R-C-G-. Current controlling framework for these claims.

29 I&N Dec. 269 (BIA 2025) · 2025

(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.

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