Lucas Reyes Deleon v. Merrick Garland

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 18, 202218-73115California282 words

Opinion

Opinion

facts in support of a political opinion, actual or imputed, beyond his refusal to join”

2 or sell drugs for the gang. Ramos-Lopez v. Holder, 563 F.3d 855, 862 (9th Cir.

2009), abrogated on other grounds by Henriquez-Rivas v. Holder, 707 F.3d 1081

(9th Cir. 2013). And Reyes de Leon has not established that the particular social

groups he proposes are cognizable. See Conde Quevedo v. Barr, 947 F.3d 1238,

1242 (9th Cir. 2020). Those proposed groups are 1) individuals who have reported

gang violence to the police, 2) young Guatemalan men who oppose gangs and

resisted gang recruitment efforts, 3) young men who oppose illegal activity and

resisted gang membership, and 4) long-term residents in the United States

returning to Guatemala. With respect to the first three groups, the record is replete

with general evidence of harmful gang activity, but devoid of society-specific

evidence, “such as country reports, background documents, or news articles,”

establishing that these groups are socially distinct within Guatemala. Id. at 1243.

And Reyes de Leon has not shown the requisite nexus between the fourth group

and the mistreatment he experienced from the 18th Street gang. See…

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