The U.S. Court of Appeals for the Second Circuit on Friday rejected the asylum claim of a man who was twice beaten for his refusal to join MS-13 in El Salvador, finding that his opposition to the infamous international gang did not qualify as a political opinion under U.S. immigration law.

The ruling, from a divided panel of the Manhattan-based appeals court, upheld a decision by the Board of Immigration Appeals, which found in the case of Douglas Adrian Zelaya-Moreno that “refusing to join a gang without more does not constitute a political opinion” that could entitle him to asylum protections.