Matter of M-J-

In 2001, the Board of Immigration appeals granted asylum to Ms. M-J-, a young woman from China fleeing forced prostitution and sexual harassment. This case was argued on the ground of Ms. M-J-’s membership in the particular social group of “women in China who oppose coerced involvement in government sanctioned prostitution.” This encouraging decision occurred after a five-year legal battle in which the immigration service appealed a 1996 immigration judge’s decision granting Ms. M-J- asylum.

CGRS Involvement

CGRS provided legal advice and assistance to counsel for Ms. M-J-.

Basic Facts

Ms. M-J- worked in a joint hotel and restaurant in China. When her manager attempted to rape her she injured him with scissors in self-defense. She was detained by the guards at the hotel immediately following this incident and held for a month at the local police station. The manager, who had a powerful status within the community threatened to sue Ms. M-J-. He requested compensation from her family who struggled to come up with 5,000 Yuan he demanded. Because her family could not pay the total, Ms. M-J- was transferred to another job at a hair salon to earn the remainder. She quickly realized that this salon was run by the government and the female employees were forced into prostitution serving male customers, and often also forced to consume drugs such as LSD. Ms. M-J- was the youngest of the female employees held hostage by guards at this salon. Ms. M-J- worked at the salon for three days and witnessed the sexual harassment, but she managed to escape to the United States before she was forced to engage in prostitution. She feared returning to China because of the threat of prosecution from the Chinese police who had been searching for her continuously since she fled. Ms. M-J- testified about the probability of future persecution arguing that if she returned to China, she would be severely punished and forced into prostitution.

Procedural History

Ms. M-J- attempted to enter the United States in 1995 and was classified as an intended immigrant without an immigration visa. She requested asylum and withholding of deportation fearing persecution if she was returned to China. She was granted asylum by an immigration judge in 1996 who found that the police sanctioned punishment for her actions towards her manager amounted to persecution. This decision was appealed by the Immigration and Naturalization Service, but the appeal was dismissed by the BIA in 2001. The BIA was not persuaded that the Immigration Judge erred in finding that the application adequately established through credible testimony a well-founded fear of persecution on account on imputed political opinion and membership in a particular social group of women in China who oppose coerced involvement in government sanctioned prostitution.

Legal Documents

IJ Decision

BIA rejection of INS appeal

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