New Hope for Guatemalan Women Seeking Asylum

On July 12, the 9th Circuit Court of Appeals directed immigration judges and the Board of Immigration Appeals to give new consideration to the cases of Guatemalan women seeking asylum in the United States.

The Petitioner, Lesly Yajayra Perdomo, lost her asylum case before the immigration judge and also before the Board of Immigration Appeals. In her petition for review to the Court of Appeals, Perdomo argued that she should be granted political asylum because, as a woman, she would face almost-certain death if forced to return to Guatemala.

Successful asylum applicants must show they were persecuted because of religion, political beliefs, race, nationality, or membership in a particular social group. At issue in Perdomo's case is the definition of a "particular social group." A "particular social group" has been defined by the Board of Immigration Appeals as a group with members who share a common, immutable characteristic that members of the group either cannot change, or should not be required to change because it is fundamental to their individual identities or consciences. The group must also possess "social visibility" and "particularity".

The two lower courts ruled against Perdomo, arguing that all Guatemalan women is too broad a category to constitute a particular social group. However, the Court of Appeals cited to previous cases in which it concluded that females, or young girls of a particular clan, satisfied the definition of a particular social group. The Court stated that it has only rejected certain social groups as too broad where there is no unifying relationship or characteristic to narrow the diverse and disconnected group. The Court recognized that women share innate characteristics and can therefore be appropriately categorized as a particular social group.

The statistics for asylum claims from Guatemala remain dismal - 3,250 applications were received in 2009, with only 155 granted - however, the 9th Circuit holding opens the door for immigration attorneys to begin making the argument that women can constitute a social group.

Read Perdomo v. Holder here: http://www.ca9.uscourts.gov/datastore/opinions/2010/07/12/06-71652.pdf

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