ASYLUM FOR GUATEMALAN FEMALES FEARING "FEMICIDE"

On July 12, 2010, the 9th Circuit published its decision in Perdomo v. Holder. In this intriguing case the court appears to have carved out a potential pathway to asylum for Guatemalan women within a certain range of ages, who fear "femicide," the killing of females in that country.

Many questions remain open however, in the wake of this particular case. For instance, to what extent will Asylum Offices (AOs) honor and apply the Perdomo case. In theory AO's must apply the case law of the circuit in which the AO is located. However, in practice, there have been instances in which AO officers, supervisors and even directors have stretched to find reasons why they should not apply circuit court authority to certain cases and classes of applicants. Immigration Judges, all of whom are lawyers, tend to exercise more caution so as not to ignore or misapply circuit court authority.

Guatemalans like Mexicans, comprise a large block of the undocumented in the United States. Will the AOs ernestly apply Perdomo on a case by case basis, or will they find reasons to deny such claims, fearing the opening of the flood-gates of asylum claims of Guatemalan non-NACARA females?

Further, how quickly must a Guatemalan move in filing a Perdomo asylum claim? For Guatemalans who are within one-year of their last entry, the general rule requires that they apply for asylum within that one year. For Guatemalans who have been in the United States for more than one year without departure, the regulations which govern the timeliness of filing asylum claims become quite complex. Such cases must be assessed on a case-by-case basis by a lawyer who is well versed in asylum jurisprudence and the regulations surrounding the one-year filing issue and its exceptions. However, our firm would encourage any Guatemalan female who fears "femicide" not to delay in consulting with such an attorney. Delay in such matters may weaken the applicant's asylum claim, and should the delay be viewed as having been unreasonable, may actually cause the denial of an otherwise meritorious asylum case.

What about Guatemalan females who have gone through the asylum process and have been denied asylum by immigration judges and the Board of Immigration Appeals (and perhaps even a Federal Court of Appeals)? Will Perdomo amount to sufficient grounds to reopen those asylum claims? Again, these questions will be definitively answered as Guatemalan applicants apply to reopen their proceedings on the basis of Perdomo. However, a Guatemalan female who fears femicide in Guatemala should, again, consult with an experienced immigration litigation attorney without delay.

This notification is not intended as legal advice or as a legal opinion for any alien. Perdomo asylum claims will succeed and/or fail on a case by case basis and on the facts and or merits of each individual case. Aliens must recognize that one alien's success does not guarantee success for all who file similar claims. Aliens must consult their lawyers related to their particular claim and be ready to accept the attorney's advisory related to the peculiarities and particulars of their circumstances.

Guatemalan females who fear "femicide" in Guatemala are welcome to consult with Chow & Hamilton with regard to the asylum and/or reopening process.

By: Duane M. Hamilton