In Marquez-Castillo v. Holder, No. 08-60737, the 5th Circuit affirmed that “young people who refuse to pick sides between or join rival gans in Honduras” do not constitute a social group.
This continues to present a problem for all of the young kids that I see everyday at the detention center. Many of them are truly fleeing from Honduras and El Salvador because they have refused to join gangs. It happens. Its out there, but its not good enough for the 5th circuit.