The First Circuit has remanded a withholding case for further consideration of whether imputed membership in a gang can establish membership in a particular social group (PSG). The court noted that the policy reasons for rejecting former gang members as a PSG (namely, not rewarding former gang members for bad behavior) are not present when the gang membership is only imputed.

The full text of Chavez v. Garland can be found here:

http://media.ca1.uscourts.gov/pdf.opinions/21-1267P-01A.pdf

Comment