Gang Violence Related Asylum Cases

This page serves as a resource for lawyers and advocates representing asylum seekers fleeing persecution by violent criminal gangs.

Refugees Fleeing Criminal Gang Violence

An increasing number of people from Central America are seeking asylum in the United States because of the persecution they suffered after being targeted by gangs in their home countries. These asylum seekers come from countries whose governments are unwilling or unable to control the activities of gangs operating within, and often beyond, their borders. In countries with weak governments, gangs can rape, rob, extort, beat, torture and murder ordinary citizens with impunity. Unfortunately, favorable court decisions for applicants fleeing gangs are rare.

Evidence For Gang-Related Asylum Claims

Like all asylum seekers, those fleeing gangs must demonstrate:

• The harm they have suffered, or the harm they fear, is serious enough to qualify as “persecution”.
• The harm they have suffered, or the harm they fear, is related to one of the five protected grounds for asylum. To achieve this, it is not enough to show that an applicant has been harmed by a gang. The applicant must demonstrate a “nexus” between the harm suffered and one of the five grounds for asylum.
• Demonstrating a “nexus” means that the applicant must show that the gang harmed the applicant because of his or her race, religion, nationality, membership in a particular social group, or political opinion.
• Their home countries are unable or unwilling to protect them.

Kate Lincoln-Goldfinch has extensive experience in Asylum Cases Related to Gang Violence. Contact Lincoln-Goldfinch Law to schedule a free case evaluation and get answers to your case.

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