d-m-r- (bia june 9, 2015)

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  • 8/20/2019 D-M-R- (BIA June 9, 2015)

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    Vernon Charles

    U.S.

    epartment o Justice

    Executive Office for Immigration Review

    Board of mmigration Appeals

    Office

    of

    he Clerk

    5107

    lees urg

    Pike Suite 2000

    Falls Church. Virginia 20530

    Florence Immigrant and Refugee Rights

    Project

    DHS/ICE Office o Chief Counsel - EAZ

    P.O. Box 25158

    Phoenix AZ 85002

    PO Box 654

    Florence AZ 85132

    Name: R D

    A

    Date

    o

    this notice: 6/9/2015

    Enclosed is a copy

    of

    the Board s decision and order in the above-referenced case.

    Enclosure

    Panel Members:

    Adkins-Blanch Charles

    K

    Greer Anne J

    Miller Neil P

    Sincerely,

    crutL wv

    Donna Carr

    hiefClerk

    Userteam: Docket

    Cite as: D-M-R- (BIA June 9, 2015)

    For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/

                 

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    4 I f

    U.S. epartment o Justice

    Executive Office for Immigration Review

    Falls Church, Virginia 20530

    File: - Eloy, AZ

    Decision o he Board oflmmigration Appeals

    Date:

    In re: D R a.k.a. Maria Merida Espinosa a.k.a. Susana Lopez

    IN REMOVAL PROCEEDINGS

    CERTIFICATION

    ON BEHALF OF RESPONDENT: Charles Vernon, Accredited Representative

    ON BEHALF OF DHS:

    Julie Nelson

    Assistant Chief Counsel

    CHARGE:

    Notice: Sec. 212(a)(6)(A)(i), I&N Act [8 U.S.C. § 1182(a)(6)(A)(i)] -

    Present without being admitted or paroled

    Lodged: Sec. 212(a)(7)(A)(i)(I), I&N Act [8 U.S.C. § 1182(a)(7)(A)(i)(I)] -

    Immigrant - no valid immigrant visa or entry document

    APPLICATION: Asylum; withholding o removal; Convention Against Torture

    The respondent, a 52-year-old native and citizen o El Salvador, appeals from the

    Immigration Judge's March 3 2015, decision denying her applications for asylum, withholding

    o removal, and protection under the Convention Against Torture ( CAT ). The appeal will be

    dismissed in part and sustained in part.

    This case has a lengthy procedural history culminating in the Immigration Judge's

    certification

    o

    her March 3, 2015, decision to the Board following the Board's remand directing

    the Immigration Judge to apply recent jurisprudence on the evolving issue o particular social

    group.

    See Matter o W-G-R-

    26 I&N Dec. 208 (BIA 2014),

    Matter o M-E-V-G-

    26 I&N

    Dec. 227 (BIA 2014), and Matter o A-R-C-G- 26 I&N Dec. 388 (BIA 2014).

    The factual basis o the respondent's claim was set forth in the Immigration Judge's initial

    decision

    on

    September 15, 2011, and is not meaningfully disputed by the parties (9/15/11

    I.J.

    Dec. at 4-6). The respondent was subjected to repeated and severe abuse by the man she lived

    with for more than 15 years. The couple eventually had 5 children together, who were also

    abused. The respondent did not own any property or have money, and was afraid to call the

    police. The respondent testified that she knew o other women who were trapped in similar

    relationships.

    There are three separate decisions from the Immigration Judge, which are identified by date

    when cited.

    Cite as: D-M-R- (BIA June 9, 2015)

                 

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    FU

    RTH

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    to  8

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    .F.R

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    8 C

    .F.R

    . §

     100

    3.4

    7 h)

    .

    Cite as: D-M-R- (BIA June 9, 2015)

                 

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