Central American youth who refuse to join gangs are often subjected to horrific acts of retaliatory violence. Yet, the Board of Immigration Appeals’ introduction of two new requirements for asylum eligibility— visibility and particularity—have quashed the asylum hopes for members of this group. Recently, the First Circuit Court of Appeals adopted the visibility and particularity requirements and, in Larios v. Holder, applied them to deny asylum to youth resistant to gang recruitment. This Comment examines the development of these requirements and argues that there is no legal basis for their application. It further argues that the requirements unreasonably heighten the traditional asylum standard and ultimately concludes that the First Circuit should have rejected visibility and particularity as requirements for asylum, thereby rendering youth resistant to gang recruitment eligible for asylum.
Youth Resistant to Gang Recruitment as a Particular Social Group in Larios v. Holder,
B.C. Third World L.J.