Gang-related violence

Type of persecution

Case #33772

El Salvador Domestic violence (including child, partner, in-law violence), Domestic violence - Child abuse, Gang-related violence, Gang - Forced relationship, Gang - Rape or sexual violence

Case #32778

The IJ denied asylum to a Salvadoran male child whose father was a member of the military and targeted by gangs for recruitment. The gangs singled the child out and called him "son of the soldier." The attorney argued for asylum because of membership in the PSG "individuals with close family ties to former members of the military" and also for imputed anti gang political opinion. Their expert was not found to be an expert, but was allowed to testify as a lay witness and found credible. The IJ denied, but in front of the BIA, the government agreed to remand because the IJ made errors in legal reasoning, and denied asylum only based on the negative credibility finding of the father.

El Salvador Gang-related violence, Gang - Family-based, Gang - Recruitment, Military/Police service

Case #32000

The IJ denied asylum, withholding, and CAT protection to a young Salvadoran man who experienced persecution. At 18 the applicant was beaten by the police, who mistook him to be a gang member and continued to harm him even after it became obvious that he was not the person they were looking for. The applicant attempted to file a complaint at the police station, but it was not accepted. He then received death threats from police officers because he had attempted to report the incident. The attorney reported that the IJ considered the applicant's political opinion claim and his membership in the social groups "individuals in El Salvador who have filed a complaint about police misconduct," "men in El Salvador," and "young men in El Salvador." The IJ asserted that the applicant was not credible and for that reason did not permit the applicant's country conditions expert witness to testify. The IJ summarized his decision orally to the applicant and then did not allow his attorney (or the government attorney) to be present when he orally rendered his decision. The IJ also refused to grant a continuance in the case in light of the applicant's pending T Visa application.

El Salvador Gang-related violence, Gang - Former gang member

Case #31884

Guatemala Domestic violence (including child, partner, in-law violence), Domestic violence - Child abuse, Gang-related violence, Gang - Recruitment, Rape or sexual violence (non-domestic and non-gang))

Case #31804

The IJ granted CAT protection to a Honduran man who had experienced persecution. In Honduras the applicant operated a car mechanic shop that was next door to a police station. The police wanted him to sell drugs from his shop, and when he refused they extorted him for two months. When the applicant could no longer pay, they violently mutilated him.

Honduras Gang-related violence, Gang - Extortion, Gang - Recruitment, Military/Police service, Conscientious objector

Case #31695

Honduras Domestic violence (including child, partner, in-law violence), Domestic violence - Child abuse, Gang-related violence, Gang - Family-based, Gang - Informant/witness to gang activity, Gang - Rape or sexual violence, Marriage-related harms or honor violence, Honor killing or violence, Political association/activist (including women’s rights activist)/whistleblower, Whistleblower or other informant / witness to corruption

Case #31328

The IJ denied asylum, withholding, and CAT protection to a Honduran man who fears persecution. The applicant ran two businesses in Honduras and was extorted by the 18th Street gang for very large amounts of money. The gang threatened the applicant's family, forcing him to relocate and eventually flee the country. According to the applicant's attorney, the IJ considered the applicant's political opinion claim and his membership in the social group "business owners who resist criminal organizations."

Honduras Gang-related violence, Gang - Extortion, Gang - Family-based, Gang - Informant/witness to gang activity

Case #31197

The IJ denied asylum, withholding, and CAT protection to a Salvadoran man who fears persecution. The applicant ran a small business in El Salvador and was extorted by the 18th Street gang. His wife was also extorted and his brother-in-law was killed for not paying extortion money.

El Salvador Gang-related violence, Gang - Extortion, Gang - Family-based, Gang - Informant/witness to gang activity, Gang - Recruitment

Case #31026

The IJ denied asylum to an indigenous Ecuadoran man who had been extorted by the police. The IJ found that he was not credible because he had failed to mention something. The BIA upheld the denial on the basis of the adverse credibility decision.

Ecuador Gang-related violence, Gang - Extortion, Military/Police service, Police officer or former police officer (applicant identity)

Case #30841

The immigration judge denied asylum, withholding of removal and CAT protection to a Guatemalan man who had experienced childhood abuse and later defied high-ranking members of the 18th Street Gang in Guatemala City, including protecting his sister from domestic violence. According to the attorney, the immigration judge failed to find that the applicant had an imputed anti-gang political opinion and also found that he was not a member of a particular social group. The applicant has appealed the decision.

Guatemala Domestic violence (including child, partner, in-law violence), Domestic violence - Child abuse, Gang-related violence, Gang - Family-based, Political association/activist (including women’s rights activist)/whistleblower, Political association/activist

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