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Viewing entries tagged
gender violence
The Sixth Circuit has remanded the asylum claim of an indigenous Guatemalan woman to further analyze if she was persecuted on account of her membership in two social groups: 1) Guatemalan Chuj Women in domestic relationships who are unable to leave; and (2) Guatemalan Chuj Women who are viewed as property by virtue of their positions within a domestic relationship.
The full text of Sebastian-Sebastian v. Garland can be found here:
The Third Circuit has deferred to the agency’s determination in Matter of Wong that New Jersey disorderly persons offenses are convictions for immigration purposes. However, the court remanded for further analysis of whether the proposed social group of “Honduran women in a domestic relationship where the male believes that women are to live under male domination” is cognizable for asylum purposes.
The full text of Avila v. Attorney General can be found here:
The Sixth Circuit has issued a decision with a number of favorable findings related to particular social groups in the context of gang persecution in Honduras. First, they found that “Honduran land ownership” is a characteristic so fundamental to the identities of the group members that it is immutable. Second, they found that “single mothers living without male protection” are socially distinct, citing a statement by a deputy commander in the Honduran police that such women are particularly vulnerable within society.
The full text of Turcios-Flores v. Garland can be found here:
https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0094p-06.pdf
The Sixth Circuit has remanded a claim for asylum based on membership in the particular social group of “El Salvadorian women of childbearing age in domestic partnerships.” The court noted that the abrogation of Matter of A-B- by the Attorney General was a significant change in agency case law, warranting reconsideration of the viability of the proposed group.
The full text of Zometa-Orellana v. Garland can be found here:
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0271p-06.pdf
The Third Circuit has determined that “Guatemala women” do not qualify as a cognizable particular social group for asylum and withholding of removal purposes because the proposed group lacks the requisite particularity. The court also recognized that the Notice to Appear in the case was lacking the time and date of the first removal hearing, which constituted a claims processing rule violation. However, the court determined that equitable considerations supported the agency’s refusal to terminate proceedings despite the rule violation.
The full text of Chavez-Chilel v. Attorney General can be found here:
The Fifth Circuit has reaffirmed that “women who are unable to leave their domestic relationships” are not a cognizable particular social group, even under the standard articulated in Matter of A-R-C-G-.
The full text of Jaco v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/20/20-60081-CV0.pdf
The Third Circuit has reinstated an Immigration Judge’s grant of protection under the Convention Against Torture to a Guatemalan woman fleeing gender violence. In so doing, the court noted that the Board of Immigration Appeals erroneously conducted a de novo review of the Judge’s factual findings, instead of reviewing them for clear error.
The full text of Arreaga Bravo v. Attorney General can be found here
https://www2.ca3.uscourts.gov/opinarch/203300p.pdf
A clarified opinion can be found here:
The Ninth Circuit has rejected the proposed particular social groups of “Salvadoran women who refuse to be girlfriends of MS gang members” and “Salvadoran women who refuse to be victims of violent sexual predation of gang members,” finding that the groups lacked social distinction. The court acknowledged that the record evidence establishes “generally that women in El Salvador can be ill-treated.”
The full text of Villegas Sanchez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/03/11/16-73745.pdf
The Fourth Circuit has determined that the proposed social group of ““married El Salvadoran women in a controlling and abusive domestic relationship” violates the anti-circularity principle in that the group is defined by reference the harm suffered.”
The full text of Amaya De-Sicaran v. Barr can be found here:
The Attorney General has directed the Board of Immigration Appeals to review de novo if the Immigration Judge’s factual findings establish all of the elements of an asylum claim, and to not accept the parties’ stipulation that certain elements of the claim have been established.
The full text of Matter of A-C-A-A- can be found here:
The Fifth Circuit has remanded a motion to reopen filed by a Honduran woman based on changed country conditions related to gender violence. The court noted that she had “introduced voluminous and uncontroverted evidence that the regime established after the 2009 coup made changes that substantially reduced legal protections for women and dramatically impaired institutions within the government and civil society that protect women from gender-based violence. And the coup was accompanied by the rate of homicides of women doubling within a single year, which can hardly be described as incremental.”
The full text of Inestroza-Antonelli v. Barr can be found here:
http://www.ca5.uscourts.gov/opinions/pub/18/18-60236-CV0.pdf
The Second Circuit has concluded that a Salvadoran woman who resisted rape attempts by gang members may have exhibited an actual or imputed feminist, anti-patriarchy, or anti-gang authority political opinion. The decision recognizes that gangs essentially operate as political entities in El Salvador, and should provide excellent language for asserting political opinion in other cases involving resistance to gang authority.
The full text of Hernandez Chacon v. Barr can be found here:
http://www.ca2.uscourts.gov/decisions/isysquery/327299e4-e63d-454c-8297-339ce94391dc/1/doc/17-3903_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/327299e4-e63d-454c-8297-339ce94391dc/1/hilite/
