The Return of Domestic Violence Asylum

In 2014, the Board of Immigration Appeals (BIA) issued the decision Matter of A-R-C-G-, which opened a new avenue for asylum seekers. Specifically, the BIA held that, depending on the facts of a case, “married women in Guatemala who are unable to leave their relationship” can constitute a particular social group for purposes of asylum. The reasoning in this case also allowed women from other countries in abusive relationships to apply for asylum as long as they met the standards set in Matter of A-R-C-G- and its subsequent cases. 

In 2018, former Attorney General Jeff Sessions overruled Matter of A-R-C-G- and its subsequent cases in a decision called Matter of A-B-. In this case, the former Attorney General did not just overrule Matter of A-R-C-G-, which allowed domestic violence survivors from certain societies to apply for asylum, he made it more difficult for anyone being persecuted by a private actor to have a successful claim of asylum. 

In June of 2021, current Attorney General, Merrick Garland, overruled Matter of A-B- and restored an applicant’s ability to pursue asylum based on domestic violence in certain circumstances. The government is currently in the process of formulating official rules regarding domestic violence asylum. However, until those rules are drafted, published, and adopted, domestic violence asylum cases will be decided under the framework in Matter of A-R-C-G- and its subsequent cases. This is a win for asylum seekers and survivors of domestic violence that hopefully represents what will be a continued stark departure from the former administration’s relentless assault on the asylum process. 

**This article is meant for general informational purposes only. Asylum is a complicated area of immigration law and we highly recommend seeking legal counsel to evaluate your asylum claim.**