In re R-A-

2001 BIA Lexis 1 (2001 & 1999)

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In re R-A-

United States Board of Immigration Appeals
2001 BIA Lexis 1 (2001 & 1999)

  • Written by Haley Gintis, JD

Facts

Immediately after Guatemalan citizen Rodi Alvarado married her husband, she experienced daily physical, sexual, and emotional abuse. The abuse often left Alvarado unconscious and led her to contemplate suicide. Alvarado’s husband claimed that he was entitled to abuse her. Alvarado sought help from the Guatemalan police, but no protective action was taken. Alvarado eventually escaped to Texas. Alvarado applied for asylum pursuant to the Immigration and Nationality Act (INA) § 208(a). The immigration judge (IJ) held a hearing; Alvarado testified about the severity of her abuse. The IJ found that the abuse constituted persecution and that Alvarado was abused because she belonged to a particular social group, i.e., Guatemalan women with Guatemalan male companions who believe women should succumb to male domination, and because she held a particular political opinion, i.e., women should not succumb to male domination. Therefore, the IJ granted Alvarado’s application for asylum because she was unable to return to Guatemala due to persecution on account of a statutorily protected ground. The Immigration and Naturalization Service appealed to the Board of Immigration Appeals (BIA).

Rule of Law

Issue

Holding and Reasoning (Filppu, J.)

Dissent (Guendelsberger, J.)

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