Ramos v. Holder
United States Court of Appeals for the Seventh Circuit
589 F.3d 426 (2009)
- Written by Carolyn Strutton, JD
Facts
Nelson Ramos (plaintiff) was a native of El Salvador who joined an infamous, violent street gang in that country when he was 14. Approximately 10 years later, Ramos came to the United States (defendant) and became a born-again Christian. Ramos decided that he could not return to El Salvador and rejoin the gang because it would violate his religious principles, but he knew that if he returned and did not rejoin the gang, he would face violent retribution. Ramos therefore sought to stay in the United States. He missed the deadline for applying for asylum but filed an application for withholding of removal. Ramos’s petition came before the Board of Immigration Appeals (BIA), which held that Ramos was not entitled to withholding of removal because his membership in a violent street gang did not satisfy the requirement of membership in a particular social group. Ramos’s appeal of the BIA decision came before the court of appeals.
Rule of Law
Issue
Holding and Reasoning (Posner, J.)
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