Hernandez-Chacon v. Barr, No. 17-3903 (2d Cir. 2020)Annotate this Case
The Second Circuit granted a petition for review of the BIA's dismissal of petitioner's appeal from an IJ's denial of her application for asylum. Petitioner claimed that she was entitled to asylum because if she is returned to El Salvador, she will be persecuted on account of her membership in a particular social group ‐‐ Salvadoran women who have resisted the sexual advances of a gang member ‐‐ and political opinion ‐‐ resistance to the norm of female subordination to male dominance that pervades El Salvador.
The court held that, although petitioner failed to establish her asylum claim based on membership in a particular social group, the agency did not adequately consider petitioner's political opinion claim. In this case, the agency concluded that petitioner did not have a political opinion; concluded that petitioner simply chose to not be a victim; and failed to consider whether the attackers imputed an anti‐patriarchy political opinion to her when she resisted their sexual advances, and whether that imputed opinion was a central reason for their decision to target her. Accordingly, the court remanded for further proceedings.