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Matter of A-R-C-G- et al., Respondents, International Journal of Refugee Law, Volume 26, Issue 4, December 2014, Pages 670–676, https://doi.org/10.1093/ijrl/eeu050
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Cite as 26 I&N Dec. 388 (BIA 2014)
Interim Decision #3811
Decided August 26, 2014
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
Depending on the facts and evidence in an individual case, ‘married women in Guatemala who are unable to leave their relationship’ can constitute a cognizable particular social group that forms the basis of a claim for asylum or withholding of removal under sections 208(a) and 241(b)(3) of the Immigration and Nationality Act, 8U.S.C. §§ 1158(a) and 1231(b)(3) (2012).
FOR RESPONDENT: Roy Petty, Esquire, Rogers, Arkansas
FOR THE DEPARTMENT OF HOMELAND SECURITY: George R. Martin, Appellate Counsel
AMICI CURIAE: American Immigration Lawyers Association1;Center for Gender & Refugee Studies2;Federation for American Immigration Reform3;National Immigrant Justice Center4;United Nations High Commissioner for Refugees5;and Williams & Connolly, LLP6
BEFORE: Board Panel: ADKINS-BLANCH, Vice-Chairman; MILLER and GREER, Board Members.
ADKINS-BLANCH, Vice Chairman:
In a decision dated October 14, 2009, an Immigration Judge found the respondents removable and denied their applications for asylum and withholding of removal under sections 208(a) and 241(b)(3) of the Immigration and Nationality Act, 8U.S.C. §§ 1158(a) and 1231(b)(3) (2006). The respondents have appealed from that decision, contesting only the denial of their applications for relief from removal. We find that the lead respondent, a victim of domestic violence in her native country, is a member of a particular social group composed of ‘married women in Guatemala who are unable to leave their relationship’. The record will be remanded to the Immigration Judge for further proceedings.
