Martinez v. Holder, Jr., No. 12-2424 (4th Cir. 2014)Annotate this Case
Petitioner, a citizen of El Salvador, requested that the Attorney General withhold removal under 8 U.S.C. 1231(b)(3). Petitioner claimed that as a former member of the violent Mara Salvatrucha gang (MS-13), he is a member of a particular social group and that he would be killed if sent back to El Salvador because he renounced his membership in MS-13. The court concluded that petitioner's proposed particular social group of former MS-13 members from El Salvador was immutable for withholding of removal purposes in that the only way that petitioner could change his membership in the group would be to rejoin MS-13. Accordingly, the court held that the BIA erred in its ruling on immutability and reversed and remanded. The court affirmed the district court's denial of relief under the Convention Against Torture because it was not supported by sufficient evidence.