First Circuit Remands for Further Consideration of Imputed Gang Members as a PSG

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

Ninth Circuit Indicates Possibility that "Imputed Gang Members" may be PSG

The Ninth Circuit has remanded a case involving the proposed social group of imputed gang members. The court noted that its prior concerns that Congress would not have wanted to reward gang members for their behavior by recognizing them as a social group for asylum purposes do not apply when the membership is imputed only (i.e., based on an erroneous belief the persecutors that the applicant is a gang member).

The full text of Vasquez-Rodriguez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/05/19-71445.pdf