Gender and Bars to Asylum Flashcards
Courts ____ to deny gender based claims
contort themselves
Fatin facts
Iranian woman who refused to conform to gender specific laws
In Fatin the BIA said ___
Iranian govt not interested in her particularly + could just wear veil
In Fatin the BIA ignored ___
claim for political opinion, fact can show persecution through pattern
BIA said Fatin could’ve shown persecution if __
forced to renounce religious belief
The third circuit rejected Fatin based on ____
Iranian women could be PSG but she didn’t establish she herself was member (no evidence opposition of depth/importance)
Since Fatin, the BIA __
has worked hard to diminish possibility women can be PSG
Matter of ARGG held that __
DV can be basis for persecution
PSG in ARGG
married women in Guatemala unable to leave their relationship
How did they establish immutability in ARGG
gender, marital status
how did they establish particularity in ARGG
commonly accepted and not able to leave not defined by abuse itself
how did they establish distinction in ARGG
laws, services, non-profits, statistics
For gender based violence __ often rejected
gang claims so better to paint as DV
A-B ____
came out opposite way than ARGG with law as is
A-B critiques of ARGG
- defined by abuse (unable to leave)
- vulnerability to private violence lacks particularity (conflates definability with size)
- unclear if society views as distinct
A-B says victim must show __
- harm was severe
- targeted belief/characteristic (not met if greed or personal vendetta)
- govt condoned or completely helpless
- exact articulation of PSG
A-B says internal relocation more reasonable if ___
persecuted at hands of one or just a few individuals
A-B says if enter country unlawfully ___
may be negative factor in application without specifying other proper channels
Benefits of asylum
- path to a green card
- lawful admission
- work authorization
- derivatives can join
Even if meet definition under INA, asylees must show ___
none of statutory bars apply + entitled to discretion
IJ is not required to grant asylum even if ___
meet all requirements, but must state reasons
Bars to asylum
- 1 year filing deadline
- prior denial
- safe third country
- firm resettlement in third country
- persecute others
- particularly serious crimes in US
- serious non-political crime abroad
- TRIG
Exceptions to 1 year filing deadline
- change in circumstances that materially affects asylum app (convert, realize gay, regime change)
- extraordinary circumstances that explain delay
Safe third country is only a bar if __
multilateral agreement, right now only Canada
