Federal Court Reaffirms U.S. As Safe Haven for Domestic Violence Survivors

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What if home is not a safe place

in asylum grant rates around the country. Immigration judges—who are Justice Department employees, not independent judges—have followed the attorney general’s lead and denied protection in many cases without considering the woman’s specific circumstances and the degree of risk she would face if deported.

Like A.B., De Pena sought asylum in the United States after enduring years of horrific domestic violence in the Dominican Republic. Perhaps even more importantly, the court decisively recognized a fundamental principle that had been the law of the land before Sessions intervened—that women are a protected group and that they are persecuted in many countries precisely because of their gender and status as women in society.

When A.B. learned of the First Circuit’s decision, she expressed hope that the U.S. would yet live up to its commitment to extend protection to survivors like her and De Pena who meet the demanding criteria for asylum.

 

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