Tucson, Arizona 2021-04-08 10:00:00 –
Washington-The Federal Court of Appeals upheld Feminist’s undocumented immigrant asylum allegations on Monday, stating that feminist political beliefs would put her at risk if she returned to Mexico.
A committee of three judges from the 9th US Circuit Court of Appeals said that the abuse of women by their mothers, ex-husbands and ex-partners was not the only result of dysfunctional relationships. It also stemmed from her “feminist political opinion.”
“Sure, some of the worst violence happened shortly after Petitioner claimed her rights as a woman,” he said. opinion According to Circuit Court Judge Susan Graber.
“Petitioners do not claim that she was persecuted as a feminist just because she was abused by a man,” Graber wrote. “Rather, she claims that she was persecuted when those men abused her because she clearly asserted to them her political opinion that she was equal to them.”
The ruling overturns the Immigration Appeals Commission’s decision that “a dysfunctional relationship” is not a sufficient reason to provide asylum. The Circuit Court sent the case back to the Board, instructing the woman to provide asylum or postpone her deportation.
The call for comment from a female lawyer was not immediately returned on Monday. The Justice Department refused to comment on the case.
Graber said in a ruling that the abuse began when the woman was five years old in Mexico, and her mother “beaten her almost every day to prepare for a future beating from her husband.” Follow everything (her) husband says. “
Within months of her marriage to Baron Esteban Mata, he “began a severe abuse regime,” a court document said. It included waking up by sticking a lit cigarette in my arm at 1 am and cooking, and burning my face again with a cigarette when I refused to quit my teacher’s job. It was.
When the Baron left her in 1993 after the woman became pregnant, she fled to the United States, where she met Jorge Hernandez Fernandez in Phoenix. They moved together, but the abuse continued.
“He also beat, raped, burned, and strangled her. The allegations of independence and equality of the petitioner’s woman prompted his abuse,” Graber wrote. When the woman got a disapproved job, Hernandez left a bite on her neck and “signs of strangulation” and “showed other men that she had an owner.”
The woman eventually escaped her relationship with Hernandez, who had three children, but in 2017 she was deported to Mexico and he was deported to Guatemala. Fearing that he would come to Mexico and chase her, she returned to the United States, where the government moved to deport her in December 2017. She applied for asylum.
The immigration judge granted her asylum claim based on the “scope of evidence” that she was persecuted for political beliefs. The judge also said the Mexican government did not tolerate violence against women, but “showed complete helplessness” when it came to protecting her.
The Immigration Appeals Commission agreed that women “suffered from serious mental and physical abuse” and that “there was a” pandemic “of violence against women in the country.”
However, in order to be given asylum, a person “returns to his country of origin because of persecution or a well-founded fear of persecution due to race, religion, nationality, membership of a particular social group. Must prove that they cannot, or political opinion. “Because she did not show that the abuse was due to” reasons unrelated to their relationship. ” Canceled her asylum.
However, the circuit panel said that some of the abuse was beyond the point simply because it “reflected a dysfunctional relationship.” Records show that the woman’s “political opinion is at least one central reason for her past prosecution and her perhaps well-founded fear of future prosecution.”
In favor, Judge Richard Paez quoted expert testimony on domestic violence and what he called decades of social science. “
Court backs asylum, says woman’s feminism would endanger her in Mexico | News Source link Court backs asylum, says woman’s feminism would endanger her in Mexico | News