Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Monday, April 12, 2021

Ninth Circuit Rules Woman Eligible for Asylum Because Domestic Abusers Persecuted her for Feminist Opinions

ABA Journal, Woman is Eligible for Asylum Because Domestic Abusers Persecuted her for Feminist Opinions, 9th Circuit Says

 woman who was persecuted by domestic abusers because of a feminist political opinion is eligible for asylum in the United States, a federal appeals court ruled Monday.

Asylum applicant Maria Luisa Rodriguez Tornes didn’t have to show that her feminist opinions played the sole or predominant role in her domestic abuse, according to the 9th U.S. Circuit Court of Appeals at San Francisco. Rather, she only had to show that her political opinion was “one central reason” in the abuse.

Judge Susan Graber, an appointee of former President Bill Clinton, wrote the April 5 panel opinion.

The Department of Justice’s Board of Immigration Appeals had found that Rodriguez Tornes was protected under the Convention Against Torture. But the immigration appeals board ruled against her on the feminism claim, holding that there were no findings that Rodriguez Tornes was abused for reasons unrelated to the relationship.

The 9th Circuit disagreed on the feminism claim, finding that Rodriguez Tornes had presented evidence to show that she was persecuted because of her political opinion.

“The record contains episode after episode of men stating, quite plainly, that they were beating, burning, raping and strangling her because she sought an equal perch in the social hierarchy,” Graber wrote.

An immigration judge had found that the Mexican government would acquiesce in Rodriguez Tornes’ torture, which means that the government would also be unwilling to stop future persecution by domestic abusers, the appeals court said.

Rodriguez Tornes had alleged that she was first beaten by her mother, partly to prepare her for future beatings by her husband. Her husband also beat her, according to the appeals court. On one occasion, he stuck a lit cigarette into her arm at 1 a.m. and ordered her to cook. When she refused, he dragged her by her hair into the kitchen. On another occasion, he burned her face with a cigarette because she refused to leave her teaching job.

[See rest of article]

https://lawprofessors.typepad.com/gender_law/2021/04/ninth-circuit-rules-woman-eligible-for-asylum-because-domestic-abusers-persecuted-her-for-feminist-o.html

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