Domestic Violence Asylum Claims

In an unpublished decision, D-M-R- (BIA June 9, 2015), the Board of Immigration Appeals (BIA) has held that "El Salvadoran women in domestic relationships who are unable to leave" is a cognizable particular social group (per its decision in Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)) that "does not necessarily require that an applicant seeking asylum or withholding of removal based on domestic violence have been married to his or her abuser."

Instead, the Court states "we look to the characteristics of the relationship to determine its nature." Of importance is establishing the bona fide nature of the relationship as well as the inability of the Applicant to leave the relationship.