Wednesday, July 18, 2018
In the Matter of A-B- the government disqualified domestic violence claims as a basis of asylum except on narrow grounds. Those grounds will be near impossible for most asylum applicants to prove. The opinion demands that "An applicant seeking to establish persecution based on violent conduct of a private actor must show more than the government’s difficulty controlling private behavior. The applicant must show that the government condoned the private actions or demonstrated an inability to protect the victims." When police refuse to respond to a domestic violence call or appear at a home after abuse happened and refuse to intervene, the applicant will likely be unable to show malintent on the part of the state.
In the wake of a letter signed by family law professors to Attorney General Sessions seeking revocation of the A-B- decision, Nermeen Arastu, Janet Calvo and Julie Goldscheid, of CUNY Law School, have written an op-ed in response to Attorney General Sessions' virtual elimination of domestic violence, or any private violence for that matter, as grounds for asylum. As the authors state "survivors may not ever be able to bring their legitimate claims and will be summarily sent back to the hands of their persecutors, exposing them to life-threatening harm."
You may read the entire op-ed here.