This concludes the sturm und drang over the years from the George Bush Administration to the Obama Regime and the debate within the Department of Justice (DOJ), as the EOIR and BIA are part of the DOJ, where then Attorney General, debates over female circumcision and asylum that was part of the overall demand from radical activists to make domestic abuse a path to asylum. This blog warned about the issue as far back in 2009.
The debate was tamped down after the first expansion of the Violence Against Women Act (VAWA) which granted legal permanent residency to women who claimed domestic abuse anywhere in the world, including the United States, as well as granting legal permanent residence to their abusers, something the VAWA authors and John Boehner tried to keep hidden.
SFGate August 27, 2014 by Bob EgelkoAnd the implication for the current wave of illegal aliens is not lost on the radical left:
In a ruling that advocates described as a historic victory for Central American refugees, a federal immigration board said Tuesday that a married woman fleeing domestic violence in Guatemala, where authorities could not or would not protect her, can seek political asylum in the United States.
A woman who has been brutally beaten by her husband, who tried to prevent her from leaving, has suffered "harm rising to the level of persecution," said the Board of Immigration Appeals, which oversees the Justice Department's immigration courts.
Observing that Guatemala "has a culture of machismo and family violence," the board said a married woman there who flees an abusive relationship can be considered a member of a "particular social group" - a crucial qualification for asylum eligibility.
The Obama administration did not oppose those findings. But the ruling comes after more than a decade of delays by successive administrations in adopting regulations - first proposed in response to a San Francisco case - on the rights of domestic violence victims to seek refuge in the U.S.
It also comes at a critical time for increasing numbers of women and children from Central American countries who are being held in U.S. detention centers awaiting decisions in their deportation cases.As this writer predicted at VDare.com, the kritarchs in the EOIR and the BIA have their own plans for an amnesty that will go under the radar. This is the Obama Regime's solution to the border crisis, a hidden amnesty based on fraudulent asylum. We live in a lawless time. Impeachment of the members of the BIA is the solution.
About 300 cases of domestic violence victims, many of them from Central America, are pending before the same immigration board, said Blaine Bookey, a lawyer at the Center for Gender and Refugee Studies at UC Hastings College of the Law in San Francisco, which submitted arguments in Monday's case.
"This is a groundbreaking decision that could have a real impact on cases across the country," Bookey said.
She said the ruling raised the same issue as the San Francisco case of another Guatemalan woman, Rodi Alvarado, who fled to the United States in 1996 after a decade of beatings, rapes and death threats from her husband and futile pleas to police.
Immigration courts ruled that Alvarado had not been persecuted and was therefore ineligible for asylum. But President Bill Clinton's attorney general, Janet Reno, intervened in 2000 and drafted regulations that would have granted asylum to some domestic violence victims. The rules were not yet final when President George W. Bush took office in 2001, and his administration put the issue on hold.
Bookey said President Obama has promised regulations but hasn't issued any, and immigration judges have issued conflicting decisions in domestic violence cases. Alvarado was granted asylum in 2009.
And here they are:
David L. Neal, Charles Adkins-Blanch, Patricia A. Cole, Michael J. Creppy, Edward R. Grant, Anne J. Greer, John W. Guendelsberger, David B. Holmes, Garry D. Malphrus, Ana Landazabal Mann, Neil P. Miller, Hugh Mullane, Roger Pauley, and Linda S. Wendtland.
Note that the Chairman of the BIA, David Neal was originally appointed to the BIA by George W. Bush. Clearly the problem is bipartisan.