CA6 on Domestic Violence: Tista-Ruiz de Ajualip, et al. v. Garland

Tista-Ruiz de Ajualip, et al. v. Garland

"The Board issued a separate opinion on the asylum claim that acknowledged a significant change in precedent since the IJ’s decision, but the Board affirmed instead of remanding for further review. The Board summarily affirmed the denial of Marta’s withholding claim. Because the Board’s denial of asylum and withholding of removal is inconsistent with this court’s precedent and other immigration authority, we grant Marta’s petition for review and remand for further proceedings. ... Marta and her family were assaulted and repeatedly threatened by Marvin, a serial abuser with gang affiliations. They went to the Guatemalan government for help, but they were not provided relief. Marta’s family fled to the United States, seeking relief for asylum and withholding of removal under the INA. For their asylum claim, the IJ relied on previously applicable immigration authority to proclaim that victims of domestic violence do not qualify for relief. When denying the withholding claim, the IJ applied the wrong standard for the nexus determination and relied on an inapplicable statute to make her final conclusion. The Board incorrectly affirmed the denial of relief as to both claims. For the reasons stated, we grant Marta’s petition for review, vacate the Board’s denial of her applications for asylum and withholding of removal, and remand to the Board for reconsideration consistent with this opinion."

[Hats off to Stephen Knight!]