Matter of K-C-

A Guatemalan woman who had been brutalized for years by her common law husband was granted asylum by an immigration judge.  Her case is currently before the Board of Immigration Appeals (BIA) following an appeal by the Department of Homeland Security.  The BIA, which has yet to rule on domestic violence as a basis for refugee protection and which sought amicus briefing in Ms. K-C-‘s case could issue a published decision.

CGRS Involvement

CGRS was one of the expert organizations that submitted an amicus brief in this case. CGRS Advisory Board member Simona Agnolucci, now of Keker & Van Nest, was part of the litigation team. In addition, CGRS provided technical assistance to Ms. K-C-’s lawyer, Deirdre McInerney of Pepper Hamilton in Philadelphia.

Basic Facts

Ms. K-C- lived in a common law marriage with a man in Guatemala with whom she has three children. Over time, Ms. K-C-’s husband increasingly sexually and physically abused her. She attempted to escape to other parts of Guatemala, but each time her husband tracked her down and forced her to return. She attempted to seek help from the police on several occasions, but law enforcement officers refused to take action. Ms. K-C- fled Guatemala and came to the United States in 2007.

Procedural History

The IJ granted Ms. K-C- asylum. He found her credible and held that she had suffered persecution on account of her membership in a particular social group defined by a combination of characteristics including gender, nationality, and relationship status. The Department of Homeland Security (DHS) appealed this decision, arguing that Ms. K-C-’s social group was not recognized under the law because it is defined by the harm feared. The BIA sought supplemental briefing from amicus curiae regarding whether domestic violence can, in some instances, form the basis of an asylum or withholding of removal claim under immigration law. The American Immigration Lawyers Association (AILA) submitted a brief on behalf of Ms. K-C-. CGRS wrote separately to argue that the BIA can and should affirm the IJ grant even if it is required to modify the social group formulation. The case is still pending at this writing.

Legal Documents 

AILA amicus brief (October 18, 2011)

CGRS Amicus Brief (October 17, 2011)

Request Assistance in Your Case

For more information about this case, or to request other assistance from CGRS in your case, please fill out this form.