Holding that, regardless of whether Chevron deference applied to the BIA's analysis, Petitioner's proposed particular social group of “former Salvadoran MS-13 members" satisfied the particularity requirement and the BIA's interpretation of the particularity requirement in Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (ruling that former gang membership must be further defined with respect to the duration or strength of participation to qualify as a PSG) was erroneous. The Court upheld the denial of CAT relief. Judge Richardson dissented, determining that Chevron deference applied and the BIA's finding of no particularity was reasonable.

Date of Decision