09/05/2025
In a bittersweet report, I bring you a major domestic-violence based asylum victory obtained by in NYC/Broadway Immigration Court. The survivor in this case faced decades of violent physical, sexual and psychological abuse at the hands of her perpetrator, who also beat their children, and threatened to "kill her with a machete and cut her into little pieces and then eat her." This grantee had fled to numerous locations but her abuser had pursued her anyways, utterly undeterred by a restraining order issued against him. The IJ found that "Guatemalan women in domestic relationships who are unable to leave" was a "particular social group" under the refugee definition at 8 USC 1101(a)(42)(A), and that the Guatemalan government was unwilling and unable to protect the Respondent. Since this decision was issued, the Attorney General, in a case called Matter of S-S-F-M, has revised Sessions' previous attempt to prevent BIA grants of domestic-violence based asylum. But, this IJ's decision is based in Second Circuit law, not merely BIA precedent, and it has now become final. Here's a public link to the redacted decision:
