Court Opinion May Benefit some Immigrants

KRGV 5 News

WESLACO – A new court opinion could have a big impact on the thousands of Central American women and children who have fled violence in their countries and recently arrived in the United States.

The opinion focused on a woman fleeing Guatemala because she was a victim of domestic violence. No one disputed the facts of the case.  

The woman was severely and repeatedly abused by her husband. He beat, burned and raped her. When she called the police, they told her they wouldn’t interfere with a marriage.

She escaped to the United States and was put before an immigration judge. The judge said she wasn’t eligible for asylum because she wasn’t a member of a persecuted group.

The board’s opinion reversed that ruling.

Domestic violence victims who live in a country where leaving your husband is difficult, and getting help from police nearly impossible, may now be eligible for asylum.

Brenda Riojas works for the Catholic Diocese. She says they see many victims of violence.

“The women that come here fear for their lives, whether it be from gang violence or domestic violence, they’re trying to find a safe haven for themselves and their children,” Riojas said.

Immigration Attorney Lionel Perez says judges will like the board’s opinion since it gives them more freedom to decide their cases.

Last week, an immigration judge heard the first case to argue for asylum using this new opinion. He granted the woman asylum, but what happened in one court is no guarantee of what will happen in another.

The board’s opinion is no one-way ticket to asylum. Domestic violence must present a great deal of evidence to make their case, including medical records and witness testimony. They must also show that the country they came from can’t or won’t do anything to help victims.

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