Matter of K-E-S-G-: BIA precedent rejects particular social groups defined by gender

In Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025), issued July 18, 2025, the Board held "that a particular social group defined by the [noncitizen's] sex or sex and nationality, standing alone, is overbroad and insufficiently particular," rejecting the proposed groups "Salvadoran women" and "Salvadoran women viewed as property" and questioning the validity of all PSGs based solely on gender and/or nationality — while acknowledging (per Matter of Acosta) that sex is an immutable characteristic. Because transgender and LGBT asylum claims are typically framed as gender-defined social groups, the decision narrows the doctrinal foundation for such claims nationwide in immigration courts, subject to contrary circuit law (e.g., the Seventh Circuit's rejection of the particularity requirement, and Ninth Circuit precedent recognizing gender-based groups).