We worked on a case where an applicant from El Salvador sought asylum based on the Particular Social Group (PSG): “Salvadoran women who are viewed as property and subordinate to men; who cannot leave their marital or partner relationship because their spouses or partners are members of an organized criminal gang group.” At the lower level, the Immigration Judge denied the application for asylum based on the fact that the Respondent did not demonstrate that she was not married to her partner—they had been dating for one year.
The attorney wanted us to prepare an appeal brief that showed that marriage was not necessary to demonstrate a domestic relationship. On appeal, we made some persuasive arguments and the BIA agreed with us and held that the fact that the Respondent was not married, and for one-year only dated her abuser, did not disqualify Respondent from establishing a sufficient relationship to demonstrate that she was a victim of domestic violence. The case was remanded to immigration court and Respondent was subsequently granted asylum!
