Posner on 'Particular Social Group'

Via ImmigrationProf Blog:

For an excellent opinion by Judge Richard Posner (joined by Judges Ripple and Wood), frequent critic of the rulings of the Board of Immigration Appeals, on the definition of "particular social group" for purposes of asylum, see Download 08-3197 opn The case involves the question whether defectors of the Mungiki in Kenya are members of a particular social group. The court disagrees with the reasoning of the BIA and vacates the ruling and remands the case to the Board.