Topic: Gender-Based Persecution

[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)

Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.

Published November 28 2023 by * NIWAP, Office on Violence Against Women

Topics: Adoption, Asylum, Battered Spouse Waiver, Best Practices and Collaborations, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Demographics, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Harassment, Immigration, Language Access, Law Enforcement, Legal Services, Migration, Acculturation, Integration Immigrant Women, Physical Health, Screening, Checklists, and Comparison of Immigration Relief, Special Immigrant Juvenile Status (SIJS), State Immigration Legislation, T Visa & Human Trafficking, Trafficking Victims Protection Act, Trauma-Informed Assistance, U Visa and Immigrant Crime Victims, VAWA Confidentiality

[pdf] Vallabhaneni (September 27 2001) Board of Immigration Appeals (+)

NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni
of the decision of the Immigration Judge denying her application for political asylum despite an
undisputed record of years of severe domestic violence and her inability to obtain protection
from the government of India. The record before the judge established that Ms. Vallabhaneni
was persecuted in the past and that she has a well-founded fear that she will continue to be
persecuted in the future by her husband if she is forced to return to India, that the persecution she
experienced and which she fears was inflicted because of her membership in a particular social
group defined in whole or in part by her gender, and that she is not able to obtain protection from
her government. The Immigration Judge’s decision should be reversed and Ms. Vallabhaneni’s
application for asylum should be granted.

Published November 2, 2023

Topics: Amicus Briefs, Asylum, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Persecution, Immigration

[pdf] Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit (+)

Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the statute and not substantial evidence of extreme hardship. BIA affirms IJ. The decision was wrong because the IJ ignored an analysis of extreme cruelty completely and even though Ms. Rosario and her witness were found to be credible – focused on the lack of police reports and medical records – thereby holding her to a standard higher than the any credible evidence standard. Battery and extreme cruelty are non-discretionary determinations that can be reviewed by that court. Ms. Rosario has now filed brief with 2nd Circuit.

Published November 1, 2023

Topics: Amicus Briefs, Any Credible Evidence, Directory, Newsletters, Webinars, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, VAWA Cancellation & Suspension

[pdf] In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals) (+)

In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief in a case of a battered immigrant from El Salvador who separated from her abusive boyfriend and her abuser continued to stalk, sexually assault, and threaten her for the next two years until she fled in fear of her life for the United States. The
Immigration Judge denied her asylum case based on the fact that she was not married to the abuser and that she had physically separated from her abuser. This amicus brief asked the Board of Immigration Appeals to clarify that divorce or a woman’s other attempts to separate are not dispositive of a woman’s
ability to leave the abusive relationship where she lacks the power to end the domestic relationship.
NIWAP provided social science research on separation violence and abusers power and control to
continue to perpetrate the post-separation coercive control, abuse and sexual violence supporting the victim’s
claim for gender based asylum.

Published October 11, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, Trauma-Informed Assistance

[pdf] Vigil v. Lynch (February 29 2016) US Court of Appeals 5th Circuit (+)

Maria Esterlina Perez Vigil v. U.S. (February 29 2016) 5 th Circuit Court of Appeals. NIWAP, and various Immmigration Law Professors from Texas, filed an
amicus curiae brief on behalf of Maria Esterlina Perez Vigil a victim of domestic violence, who had
denied her request for asylum because she was able to move out the residence that she shared with the
abuser. The brief discussed the dynamics of abusive relationships and explained that physical separation
from an abuser rarely means that an abused woman has successfully left the relationship or marriage and
stopped the cycle of violence. Indeed, the abuser’s control of the victim can often continue well after the
victim moves out, particularly where children are involved. This amicus was filed in the 5th Circuit
Federal Court of Appeals in a case in which Perez Vigil is seeking to overturn the Immigration Judge and
the Board of Immigration`s ruling that denied her request seeking asylum, withholding of removal, and
protection under the CAT.

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women

[pdf] Traore v. Mukasey US Court of Appeals Fourth Circuit (April 15 2008) (+)

Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and a threat to life or freedom because she is a female member of the Bambara tribe in Mali.

Published September 27, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Female Genital Mutilation, Gender-Based Asylum, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, Physical Health, Statutes

[pdf] United States v. State of Arizona and Janice K. Brewer Governor, (September 30 2010) United States Court of Appeals for the 9th Circuit (+)

United States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access to programs and services necessary to protect life and safety and public health and will be extremely harmful to immigrant families from family separations forced by local law enforcement mandates to enforce federal immigration laws. This amicus brief was joined by 90 organizations working to help immigrant women and immigrant victims of violence against women. (Manatt, Phelps, and Phillips, Pro Bono)

Published September 21, 2023

Topics: Amicus Briefs, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Persecution, Healthcare, Immigration, Migration, Acculturation, Integration Immigrant Women, Public Benefits & Economic Stability, State Benefits

[pdf] In the Matter of RA (February 13 2004) (+)

In the Matter of RA (February 13 2004) Board of Immigration Appeals. Domestic violence as a basis for Gender Based Asylum. Filed Briefs and coordinated amici for amicus briefs filed before the Board of Immigration Appeals (1999) and the U.S. Court of Appeals for the 9th Circuit (1999). Provided editing and amici sign on assistance to Amicus brief filed with Attorney General Ashcroft (2004).

Published September 20, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Asylum, Gender-Based Persecution, Immigration, Research Data, Stories