...the BIA’s addition of the requirements of “social visibility” and “particularity” to its definition of “particular social group” is inconsistent with its prior decisions, and the BIA has not announced a “principled reason” for its adoption of those inconsistent requirements.
Here's a summary of the case from IntLawGrrls. For an overview of these concepts, see "Hot Topics in Asylum: Particular Social Group," a presentation at the Citizenship and Immigration Services Ombudsman: First Annual Conference, Washington, DC, 20 Oct. 2011. See also UNHCR's Amicus brief submitted in the aforementioned case in 2009.
Other resources focusing on gang-based asylum claims include:
Central American and Mexican Gang and Cartel Related Asylum Claims (AILA Seminar Recordings, Aug. 2011) [info]
"Falling Outside: Excavating the History of Central American Asylum Seekers," Law & Social Inquiry, vol. 36, no. 3 (Summer 2011) [abstract]
"Recent Developments in Gang-Related Asylum Claims Based on Membership in a Particular Social Group," Immigration Law Advisor, vol. 4, no. 6 (June 2010) [full-text]
"Youth Resistant to Gang Recruitment as a Particular Social Group in Larios v. Holder," Boston College Third World Law Journal, vol. 31, no. 2 (Spring 2011) [full-text]
- Scroll to p. 457.
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