New BIA Decision on Particular Social Group: Matter of K-E-S-G-

Today the BIA issued a precedent decision in Matter of K-E-S-G-, I&N Dec. 145 (BIA 2025), on particular social group. The full decision is available here.

The BIA found:

We acknowledge that sex is an immutable characteristic. See Matter of Acosta, 19 I&N Dec. 211, 233 (BIA 1985) (recognizing sex as an innate characteristic), overruled on other grounds by Matter of Mogharrabi, 19 I&N Dec. 439 (BIA 1987). However, “not every ‘immutable characteristic’ is sufficiently precise to define a particular social group.” Matter of M-E-V-G-, 26 I&N Dec. at 239. A proposed particular social group based solely on sex or sex and nationality must also satisfy the particularity and social distinction requirements for a cognizable group. 

The court rejects a particular social group of El Salvadoran women and Salvadoran women viewed as property.

IE