The June 2010 Immigration Law Advisor (a publication by the Immigration Court System) focused heavily on gang based asylum cases. The publication, whose target audience is Immigration Judges across the U.S., tries to convince the reader of the non-availability of a social group in gang related asylum cases. It does however end with the belief that there is nonetheless an opening for such cases, lest we would have automatic denials of all cases.
"As explained above, Matter of S-E-G- and Matter of E-A-G- likely foreclose many asylum claims based on purported particular social groups related to gangs. The circuit courts have generally accorded deference to these decisions. Yet, as Benitez Ramos v. Holder and Urbina-Mejia v. Holder both illustrate, not all gang-related asylum claims based on membership in a particular social group will necessarily fail."
Ricky Malik, Esq.