G-M- v. Holder

This case involves a Salvadoran Evangelical family targeted by local gang members for acting on their faith. It is pending before the U.S. Court of Appeals for the Ninth Circuit. The Court is considering critical issues regarding religious persecution and fear of gang violence as a basis for asylum as well as key issues regarding the refugee definition that extend beyond the gang context to claims involving women, children, and LGBT individuals.

CGRS Involvement

CGRS joined attorneys Joanna Frazier of Sheppard, Mullin, Richter & Hampton and Ana Reyes and Jessica Feinstein of Williams & Connolly as co-counsel in the Ninth Circuit case. 

Basic Facts

The G-M- family (parents and their children) fled El Salvador in 2006 after being threatened with death by gang members because of their activity as evangelical Christians. The family members were leaders in their local evangelical church and engaged in public proselytizing with a focus on recruiting youth and discouraging them from joining gangs. Members of MS-13, a violent gang that acts with impunity in El Salvador, harassed the family for their religious activity, specifically their recruitment of youth into the church and away from gangs. This harassment escalated into death threats, causing the family to flee to the United States.

Procedural History

The G-M- family applied for asylum at their deportation hearing. The immigration judge (IJ) found their story credible and that they had demonstrated a reasonable fear of persecution. However, the IJ ruled that their fear of persecution was not “on account of” their religion, political opinion, or membership in a social group, and denied asylum. The G-M- family appealed to the BIA, which agreed with the IJ’s ruling. They appealed to the Ninth Circuit, where the case is still pending.

Documents

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Description: 

G-M- opening brief to the Ninth Circuit (March 18, 2011)

UNHCR amicus (March 18, 2011) 

Faith-based organizations amicus brief (March 25, 2011)

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