Lopez-Rodriguez v. holder (9th Cir. June 27, 2012) BIA remand
D-M-R- (BIA June 9, 2015)
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Transcript of 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For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/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
ER
O
RD
ER:
Pu
rsua
nt
to 8
C
.F.R
. §
10
03.
l d)
6),
the
re
co rd
is
rem
an
ded
to
the
Im
mig
rati
on
Jud
ge
for
the
pu
rpo
se
o a
llow
ing
th
e D
ep
artm
en t
o
Ho
me
land
S
ecu
rity
the
opp ortunity
to
complete or up date identity, law enforc
em e
nt,
or
sec
urit
y i
nv e
stig
atio
ns
or
e
xa m
ina
tio n
s, a
nd
furt
he r
pro
cee
ding
s, i
ne
ces
sary
, an
d f
or t
he e
ntry
o
an
ord
er s
pr
ovi
ded
by
8 C
.F.R
. §
100
3.4
7 h)
.
Cite as: D-M-R- (BIA June 9, 2015)
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