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Hastings Law Journal

Abstract

After the Board of Immigration Appeals denied asylum to three siblings fleeing forced gang recruitment in Matter of S-E-G-, asylum claims based on forced gang recruitment are almost categorically denied. This Note describes how courts interpret and apply Matter of S-E-G- unfairly to preclude viable asylum claims based on membership in a particular social group. Given the chance to establish the facts in their individual records, certain individuals from Central America who have fled forced gang recruitment should be able to establish their eligibility for asylum. Proving that they are members of particular social groups which are both “socially visible” and “sufficiently particular” will be the most difficult hurdles. Nevertheless, a brief from the Department of Homeland Security provides insight on how to accomplish this task so that deserving individuals may be granted asylum.

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