Decision date: 2022-03-29

Upholding the Board of Immigration Appeals' determination that Argueta Romero's proposed particular social group (PSG) "former MS-13 gang members who left the gang without permission" was not socially distinct because the evidence submitted did not meaningfully distinguish former and current members of the gang. Also holding that Argueta Romero's second PSG "Salvadoran males with MS-13 tattoos" was not immutable because the tattoos were not fundamental to his identity and could be removed by medical procedure.

Publication Status: Unpublished

Case judge: King, Quattlebaum, Wilkinson

Decision: Argueta Romero v. Garland, No. 20-1417, 2022 WL 910912 (4th CIr. Mar. 29, 2022)