Abstract
On June 11, 2018, former Attorney General Jeff Sessions overruled the 2014 precedent decision, Matter of A-R-C-G-, which had opened the door to asylum claims based on domestic violence as a product of deeply entrenched patriarchal norms. In Matter of A-B-, Session's held that “[g]enerally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum.” This decision may affect transgender cases in a less obvious manner than women fleeing gender-based violence, such that advocates may not directly defend against A-B- as thoroughly. This paper is a practical guide for attorneys representing transgender asylum seekers from the Northern Triangle after Matter of A-B-. In order to understand and address the new obstacles facing transgender women seeking safety in the U.S., I first examine the history of transgender asylum claims in the U.S. and the systemic violence facing transgender women in Honduras, Guatemala, and El Salvador. In the second section of this paper, I qualify the legal hurdles that this decision introduced while presenting the alternative arguments available for overcoming A-B-‘s heightened standard.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call