 ABUSED GUATEMALAN WOMAN HAS ANOTHER CHANCE AT ASYLUM
In one of her last acts as Attorney General, Janet Reno voided the denial of asylum for a battered woman from Guatemala. Rodi Alvarado Pena came to the US to escape her abusive husband and sought asylum. Her application was denied by the Board of Immigration Appeals, which found that while she was the victim of horrible abuse, she could not show that she was a member of a particular social group. She had argued that she was in a group of women in a country where violence against women was tolerated.
Similar arguments have been made on behalf of other women seeking asylum. The results in these cases have been anything but consistent. In some cases asylum is granted, while in others, such as Alvarado’s, it is denied.
While advocacy groups are hailing Reno’s decision, Alvarado’s quest for asylum is not over. Reno directed the Board to stay reconsideration of the case until recently published regulations on gender based asylum claims go into effect. Even though these regulations were developed in large part in response to Alvarado’s case, it is still possible that she will ultimately be denied asylum. Another problem arises because the regulations released are not yet final, and could be abandoned by the Bush administration.
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