Leave Immigration Law Precedent on Asylum For Crime Victims Intact, ABA Urges in Amicus Brief

"The United States should continue to make asylum available for victims of crimes that aren’t being addressed by immigrants’ home countries, the ABA says in an amicus brief filed April 27.

Under precedent from both the Board of Immigration Appeals and the federal appeals courts, the brief says, such people are members of a 'particular social group' within the meaning of federal immigration law. The Justice Department should not abandon that precedent, the American Bar Association says.

'Such cases include fact patterns involving very serious crimes, such as female genital mutilation, severe domestic violence (including repeated beatings and rape), and incest,' the brief says. 'Setting aside the inability of the Attorney General to overrule Circuit Court precedent, a reversal of long-standing BIA precedent involving persecution by private actors would further victimize those most in need of protection.'”



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