2nd Circ. Judge Dings Majority's 'Uncharitable' Asylum Ruling

Law360 (March 1, 2021, 4:06 PM EST) -- A fractured Second Circuit panel tossed an El Salvadoran asylum seeker's appeal, finding that his opposition to gangs was not a political opinion and that he could avoid future beatings, a view the dissenting judge called an "uncharitable" interpretation of the case.

Chief U.S. Circuit Judge Debra Ann Livingston and Circuit Judge Richard J. Sullivan rejected Douglas Adrian Zelaya-Moreno's bid Friday to remain in the U.S. after he suffered two beatings and a threat to his life from members of the Mara Salvatrucha gang, also known as MS or MS-13. Zelaya-Moreno said he faced persecution after he refused to join their...

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