San Francisco

Case #29066

The IJ granted asylum to a Haitian woman whose brother refused to join a gang and was kidnapped and nearly killed. Gang members also beat up the applicant, kicking, punching, and hitting her with a gun, threatened to kill her and her brother. Months later, gang members kidnapped her, and one of the gang members who wanted to court her began touching her breasts. The applicant escaped and fled to the United States. According to the attorney, the IJ granted asylum based on the PSG of "family member of [brother]" or "immediate family member of [brother]". DHS did not appeal the decision.

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Case #27467

The asylum office referred the case of a Venezuelan woman who was persecuted because of her political beliefs and peaceful protesting. The asylum officer referred the case because the applicant is also a citizen of Colombia and did not establish eligibility for asylum from Colombia.


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Case #26234

The immigration judge granted the asylum application of a Guatemalan woman who experienced severe physical and sexual violence from her father starting at a young age; the applicant was also mistreated because of her indigenous heritage. The applicant had five children out of her father's incest and the applicant and her children were controlled by her father. Applicant was treated worse than her siblings in part because she had darker skin and appeared more indigenous than her siblings. The applicant's attorney reported that the IJ granted on the social group "Guatemalan women."

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Case #25768

The immigration judge granted asylum to a Nicaraguan male applicant who faced persecution on the basis of her family supporting the Somoza government. The applicant's grandfather and father were influential persons in the previous government and were also threatened and harmed by Frente Sandinista de Liberacion Nacional party. On multiple occasions, the applicant was disrobed, beaten, and held in solitary confinement.

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Case #24578

The immigration judge denied asylum, withholding of removal, and CAT protection to a Honduran woman who was stalked by her former partner. She was a child when her former partner, an adult, began a relationship with her and got her pregnant. Years later, he demanded that the applicant and their child come live with him and threatened to abduct the child. His family was involved in drug trafficking, so the client feared that he would harm her or the child, who is gender non-conforming. According to the applicant's attorney, the IJ rejected the argument that the applicant was persecuted on account of imputed political opinions of "opposition to male domination" or "support for LGBT equality" since there was inadequate evidence that these would be imputed to her. According to the attorney, the IJ also rejected each of her proposed groups, finding: "Honduran women" lacked particularity; "Honduran women viewed as property by virtue of having children in common with their former intimate partners" and "Honduran women with children in common with their former intimate partners" lacked social distinction; and the applicant did not have a reasonable fear of persecution based on membership in the social group "supportive parents of LGBT youth." The attorney noted that the IJ referenced Matter of A-B- and Matter of M-E-V-G- on the issue of social group cognizability but did not elaborate. The IJ also found that the former partner was motivated by jealousy rather than a protected ground and that the applicant had no reasonable fear of returning since she was never physically harmed. Finally, the IJ determined that the government did not acquiesce to the stalking, even though the police previously refused to issue the applicant a restraining order against her former partner, since the police had arrested other members of his family for drug trafficking.

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Case #24524

The IJ granted asylum to a young Honduran man whose mother had refused the advances of a MS gang member. In retaliation, the gang member harassed and threatened both the applicant's mother and father, ultimately ending in a confrontation that left both the applicant's father and the gang member dead. The son of the gang member vowed to kill the applicant in retaliation. The applicant's attorney advanced a family-based social group which was successful.

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Case #23821

The IJ granted humanitarian asylum based on the parties' agreement that the applicant, a Salvadoran woman, had experienced severe past persecution from her first partner while she was a child then throughout a 20-year-relationship with her second partner. She had not heard from her first partner in decades and the second partner is in the U.S. She fled El Salvador because of gang threats and extortion. DHS did not appeal.

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Case #23036

The immigration judge granted asylum to a Honduran man who fled gang threats due to his political activism and fears persecution based on his sexual orientation. He worked for a political party and refused to help a candidate from another party. The candidate had gang connections, and he led the applicant into a trap, where gang members threatened to kill the applicant if he did not cooperate. He did not do as they asked, and he received a threatening phone call. He never revealed that he was bisexual while in Honduras. According to the applicant's attorney, the IJ based the grant on the applicant's political opinion. 

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