United States Seventh Circuit

Petition for review a BIA's denial of an El Salvadoran citizen's petition for withholding of removal on the ground that former Salvadoran gang members do not constitute a particular social group, nor can membership in a criminal gang constitute membership in a particular social group, is granted and the Board's decision is vacated and remanded as a gang is a group and being a former member of a group is a characteristic impossible to change, except perhaps by rejoining the group.

Appellate Information

• Argued 10/30/2009
• Decided 12/15/2009
• Published 12/15/2009

Judges

• POSNER, Circuit Judge., Before CUDAHY, POSNER, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Roy Petty, Rogers, AR, Claudia Valenzuela Attorney (argued), Chicago, IL, for Petitioner.


• For Appellees:
  
• Brendan P. Hogan, Attorney (argued), Department of Justice, Washington, DC, for Respondent.