Inability To Leave An Abusive Relationship Can Be A Basis For Asylum

When can domestic violence form the basis of a successful asylum claim? A New York City immigration judge recently granted asylum to one of our pro bono clients who was found to have suffered past persecution on account of her membership in a particular social group—that of "Honduran women in a common law marriage who are unable to leave the relationship." This result is consistent with recent authority establishing that an asylum claim can, depending on the particular facts and circumstances, be grounded upon the inability to leave an abusive domestic relationship.

A successful asylum applicant must meet the definition of a "refugee" under the Immigration and Nationality Act of 1965, and show that he or she merits a favorable exercise of discretion. This entails establishing by a preponderance of the evidence that, among other things, the applicant has suffered past persecution or has a well-founded fear of future persecution in his or her country of nationality on