Pointing Towards Clarity Or Missing the Point? a Critique of the Proposed "Social Group" Rule and Its Impact on Gender-Based Political Asylum
POINTING TOWARDS CLARITY OR MISSING THE POINT? A CRITIQUE OF THE PROPOSED "SOCIAL GROUP" RULE AND ITS IMPACT ON GENDER-BASED POLITICAL ASYLUM LOREN G. STEWART* From the beginning of the marriage, her husband abused her. He raped her almost daily, beating her before and during each rape. He once dislocated her jawbone because her menstrual period was fifteen days late. When she refused to abort a pregnancy, he kicked her violently in her spine. Once, he kicked her in her genitalia, causing her severe pain and eight days of bleeding. She fled the city with their children, but he tracked them down and beat her unconscious. He broke windows and mirrors with her head. He told her that if she left him, he would find her, cut off her arms and legs with a machete and leave her in a wheelchair. She attempted suicide, but was unsuccessful. She contacted the police three times, but they did not respond. A judge denied her protection, saying that the court "would not interfere in domestic disputes."' She finally left him, fled to the United States, and applied for political asylum. Should women like Rodi Alvarado Pefia, described above, be eligible to receive political asylum in the United States?2 To be J.D. Candidate 2005, University of Pennsylvania Law School. B.A. History, cum laude, Yale University 1999. The author wishes to express his gratitude to Professors Fernando Chang-Muy, Louis S. Rulli and Catherine Struve for their guidance, enthusiasm, and inspiration. ratience,In re R-A-, 22 I. & N. Dec. 906, 908-10 (BIA 1999, Att'y Gen.
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