July 13, 2010

Appeals Court Orders Review of Guatemalan Woman's Asylum Case

A Guatemalan woman who argued in an asylum case that she would be in danger if she were to be returned to her native country because of the high rate of murders of women there can have her case reviewed, the U.S. 9th Circuit Court of Appeals ruled Monday.

The court sent the case back to the Board of Immigration Appeals to consider whether Guatemalan women make up a "social group" and should be eligible for asylum based on that. In the ruling, the court ordered the board to determine whether Lesly Yajayra Perdomo has demonstrated a fear of persecution based on her membership in that group.

To obtain asylum, applicants must show that they are unable or unwilling to return home because of persecution or fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group.

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