Ashcroft Reverses Reno in Matter of R-A-; Gender-Based Asylum Rules in Jeopardy

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

ASHCROFT REVERSES RENO IN MATTER OF R-A-; GENDER-BASED ASYLUM RULES IN JEOPARDY
Immigrants' Rights Update, Vol. 17, No. 2, April 8, 2003

Attorney General John Ashcroft has certified the decision of the Board of Immigration Appeals in Matter of R-A-, Int. Dec. 3403 (BIA), which denied asylum to a woman who fled Guatemala after her husband had brutalized her for 10 years and she was unable to obtain help or protection from Guatemalan police or courts. Ashcroft, who told the Senate Judiciary Committee of his decision on Mar. 4, 2003, said he plans to issue a new decision in the case. He also told the committee that the Depts. of Justice and Homeland Security are working together to revise asylum regulations that originally were issued to address the kinds of issues raised by Matter of R-A-.

Rodi Alvarado's asylum application took a bumper car-like ride through the legal system before reaching its final disposition. She had fled Guatemala in fear of her life, leaving behind her two children, after local police and courts there refused to intervene on her behalf against her abusive husband because they viewed her situation as a "domestic matter." Here in the U.S., she applied for asylum and the immigration judge granted it to her. The Immigration and Naturalization Service then appealed. Although it found her to be credible, the Board of Immigration Appeals reversed the IJ's decision. Then in Jan. 2001, during the closing days of the Clinton administration, Attorney General Janet Reno overturned the BIA's reversal of the IJ's decision. Now, finally, the present attorney general has reinstated the decision that the former attorney general overturned. He has done so under the authority of 8 CFR sec. 3.1(h), which provides that the BIA must refer to the attorney general any case he directs the BIA to refer to him.

The proposed regulations that are now being revised by the Depts. of Justice and Homeland Security were issued in late Dec. 2000 to address the issue of when and how gender-based abuses can be bases for granting asylum. These regulations have afforded protection to women who flee a broad range of serious human rights violations, including trafficking for prostitution, gang rape, honor killing, and domestic violence (see "INS Issues Proposed and Final Asylum Regulations," Immigrants' Rights Update, Feb. 28, 2001, p.1).

With regard to the revision of the proposed regulations, Justice Dept. spokesperson Jorge Martinez told the Miami Herald: "The final rule will not be limited to addressing gender persecution claims. What the regulation would do is provide a uniform set of standards for adjudication of a broad range of fairly common but difficult to interpret issues in asylum." He added that the review is still in its early stages. These developments have not gone unnoticed by lawmakers on Capitol Hill. On Feb. 27, 2003, 49 members of the House of Representatives sent a letter to the attorney general expressing their support for women asylum-seekers, and now a second letter is being circulated through the House to gather even more signatures. A similar letter is circulating in the Senate. The contact for the latest House letter is Jennifer Stewart of Rep. Gregory Meek's office (D-NY). The contact for the Senate letter is Janice Kaguyutan of Sen. Ted Kennedy's office (D-MA).