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    E-M - (BIA Feb. 18, 2015)

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s asylum application based upon domestic violence inflicted by her longtime domestic partner. The Board stated that “the absence of a legal marriage is not ipso facto a distinguishing factor that precludes otherwise analogous claims under the particular social group rationale set forth in Matter of A-R-C-G-.” The decision was issued by Member Anne Greer and joined by Member Neil Miller and Vice Chairman Charles Adkins-Blanch. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    E-M - (BIA Feb. 18, 2015)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    1K views3 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s asylum application based upon domestic violence inflicted by her longtime domestic partner. The Board stated that “the absence of a legal marriage is not ipso facto a distinguishing factor that precludes otherwise analogous claims under the particular social group rationale set forth in Matter of A-R-C-G-.” The decision was issued by Member Anne Greer and joined by Member Neil Miller and Vice Chairman Charles Adkins-Blanch. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    E-M- (BIA Feb. 18, 2015)

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    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s asylum application based upon domestic violence inflicted by her longtime domestic partner. The Board stated that “the absence of a legal marriage is not ipso facto a distinguishing factor that precludes otherwise analogous claims under the particular social group rationale set forth in Matter of A-R-C-G-.” The decision was issued by Member Anne Greer and joined by Member Neil Miller and Vice Chairman Charles Adkins-Blanch. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views3 pages

    E-M - (BIA Feb. 18, 2015)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s asylum application based upon domestic violence inflicted by her longtime domestic partner. The Board stated that “the absence of a legal marriage is not ipso facto a distinguishing factor that precludes otherwise analogous claims under the particular social group rationale set forth in Matter of A-R-C-G-.” The decision was issued by Member Anne Greer and joined by Member Neil Miller and Vice Chairman Charles Adkins-Blanch. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    © All Rights Reserved
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    of 3

    U.S. Department of Justice.

    Executive Office for Immigration Review


    Board ofImmigration Appeals
    Office of the Clerk
    5107 Leesburg Pike, Suite 2000
    Falls Church, Virginia 20530

    OHS/ICE Office of Chief Counsel PIS


    1717 Zoy Street
    Harlingen, TX 78552

    Date ofthis notice: 2/18/2015

    Enclosed is a copy of the Board's decision and order in the above-referenced case.
    Sincerely,

    Donna Carr
    Chief Clerk

    Enclosure
    Panel Members:
    Mfller;-,Neil--P-c--~ AdkinsBlanch, Charles K.
    Greer, Anne J.

    YungD
    Userteam: Docket

    For more unpublished BIA decisions, visit


    www.irac.net/unpublished/index/
    Cite as: E-M-, (BIA Feb. 18, 2015)

    Immigrant & Refugee Appellate Center, LLC | www.irac.net

    RON LOZANO
    418W. TYLER
    HARLINGEN, TX 78550

    -;;'

    '

    U.S. Department of Justice

    Decision of the Board of Immigration Appeals

    Executive Office for Immigration Review

    Falls Church, Virginia.20530

    File: ~ Los Fresnos, TX

    Date:

    FEB 1 S 2015

    In re:

    APPEAL
    ON BEHALF OF RESPONDENT: Roy Lozano, Esquire
    ON BEHALF OF DHS:
    Jose R. Solis
    - - ---~- = .c.- - -..- -=--..--- -- --Assiman,Thiif-e-ounset-..,:_._

    --~-',--_,-.c-.,-- - , - .- - -

    ---

    APPLICATION: Asylum; withholding of removal; Convention Against Torture

    The respondent, a native and citizen of El Salvador, appeals from the Immigration Judge's
    September 11, 2014, decision. In that decision, the Immigration Judge denied the respondent's
    applications for asylum and withholding of removal (Form I-589) and protection under the
    Convention Against Torture ("CAT'). The appeal will be sustained. The record will be
    remanded.
    We review Immigration Judges' findings of fact for clear error, but questions of law,
    discretion, and judgment, and all other issues, de novo. 8 C.F.R. 1003.1(d)(3)(i), (ii). The
    respondent's applications were filed after May 11, 2005, and are governed by the amendments to
    the Act brought about by the REAL ID Act of 2005. See Matter of S-B-, 24 I&N Dec. 42
    (BIA 2006).
    The Immigration Judge determined that the particular social group articulated by the facts of
    the respondent's claim - women unable to leave a relationship - lacks the requisite particularity
    ,..... ____ . and..so.cial .cfuitinction .to_be a le.gall)'.~zable~particular .soclaLgro.up __(l.J....at ll-12)._ See.. ___ _
    Orellana-Monson v. Holder, 685 F.3d 511, 520-22 (5th Cir. 2012); Matter ofM-E-V-G-,
    26 I&N Dec. 227 (BIA 2014); Matter of W-G-R-, 26 l&N Dec. 208 (BIA 2014). In this regard,
    the Immigration Judge found the respondent's claim distinguishable from our recent decision
    recognizing that, in some circumstances, married women in Guatemala who are unable to leave
    See Matter of A-R-C-G-,
    their relationship can constitute a particular social group.
    26 I&N Dec. 388 (BIA 2014).
    Although the legal restraints of divorce and separation may not apply to someone in a longterm, but not necessarily legally formalized relationship, such as that of the respondent and her
    former partner, the absence of a legal marriage is not ipso facto a distinguishing factor that
    precludes otherwise analogous claims under the particular social group rationale set forth in
    Matter ofA-R-C-G-, supra. (I.I. at 11). As discussed by the Immigration Judge, the respondent
    was with her partner for 19 years and they have three children together. When the police were
    called, the police advised them to resolve their problems themselves (LJ. at 4, 11 ). See Matter of
    A-R-C-G-. supra, at 393 (noting the significance of the refusal of police to interfere in a marital
    Cite as: E-M-, (BIA Feb. 18, 2015)

    Immigrant & Refugee Appellate Center, LLC | www.irac.net

    IN REMOVAL PROCEEDINGS

    ....
    relationship). In sum, the particular social group articulated in the instant case
    is not
    significantly distinct from the particular social group defined in Matter ofA-R-C-G-, supra.

    Accordingly, the following orders shall be entered.


    ORDER: The appeal is sustained.
    FURTHER ORDER: The record is remanded to the Immigration Judge for further
    proceedings and the issuance of a new decision.

    The Immigration Judge's determination that the mistreatment the respondent endured rises
    to
    the level of persecution is not disputed (I.J. at 10). See Matter ofD-1-M-, 24 I&N Dec.
    448
    (BIA20 08).

    2
    Cite as: E-M-, (BIA Feb. 18, 2015)

    Immigrant & Refugee Appellate Center, LLC | www.irac.net

    The record will be remanded for further proceedings and analysis as to whether
    the
    respondent's membership in this cognizable particular social group is a central reason
    for any
    persecution she fears if returned to El Salvador.' See section2 08(b)(l) (B)(i) of the Act (asylum
    applicants must demonstrate that a protected ground was or will be at least one central reason
    for
    any persecution); Shaikh v. Holder, 588 F.3d 861 (5th Cir. 2009); Matter of C-T-L-, 25
    I&N
    Dec. 341 (BIA 2010) (holding that the one central reason test also applies to withholding
    claims);
    Matter ofJ-B-N- & S-M-, 24 I&N Dec. 208 (BIA 2007). And, if so, the Immigration Judge
    shall
    also provide the Department of Homeland Security the opportunity to establish
    by a
    preponderance of the evidence that, under all the circumstances, it would be reasonable
    for the
    respondent to relocate. See 8 C.F.R. 1208.13(b)(3)(ii). The Immigration Judge may
    also
    ~~onsi der, uapptop riate,wi retner tlre-resjfondent is etigibfeiottrumaffitarian asyfum.
    ~!IC. FR" 1208.13(b)(l)(iii).

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