Block on Trump's Asylum Ban Upheld by Supreme Court
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.
Petition for Review and Order of the Board of Immigration Appeasl
Decided December 15, 2009
Opinion by Posner, Circuit Judge