On December 29, 2010, the Board of Immigration Appeals (BIA) granted a remand back to the Immigration Court of the case of an Indonesian Female asylum applicant who had been the victim of domestic violence in her country. Hamilton has represented the alien since May of 2001 when the case was brought to the Asylum Office. The case was initially tried and denied by the Immigration Judge in January of 2005 and has been pending with the BIA since Hamilton's February 2005 appeal, until the December 29 decision. The case must now be re-tried by the Immigration Judge.
Domestic violence asylum is a developing area of asylum jurisprudence, which is often misunderstood by even the most well meaning of asylum adjudicators.
We are relieved for the sake of this applicant that she will be given a further opportunity to prevail in her asylum claim before the Immigration Court.
By: Maria Rangel
