Children Seek Refuge from Gang-Forced Recruitment: How Asylum Law Can Protect the Defenseless
2016; Fordham University School of Law; Volume: 42; Issue: 4 Linguagem: Inglês
ISSN
0199-4646
Autores Tópico(s)Law, Rights, and Freedoms
ResumoIntroduction I. The Current State of Affairs in Central America and in the U.S. Asylum Process A. The Government Corruption and Plague of Gang Violence in the Inner Cities of El Salvador, Honduras and Guatemala B. The U.S. Asylum Process II. Conflicting Views on the Proper Asylum Test A. The Evolution of the Definition of in a Particular 1. The Board of Immigration Appeals Takes the First Step: Acosta 2. The Supreme Court Defers to the BIA 3. The BIA's and Requirements 4. The Circuit Courts Disagree on the Appropriate Deference Level a. The First Circuit Upholds the BIA's Test b. The Fourth Circuit Applies the BIA's Three Step Test c. The Ninth Circuit Provides Its Own Asylum Test d. The Seventh Circuit Rejects Social Distinction e. The Third Circuit Rejects the BIA's Additional Requirements B. Membership in a Particular Group in the Context of Central American Gangs 1. The BIA Takes a Position on Gang Related Asylum Claims 2. The First and Fourth Circuits Agree and Deny Asylum 3. The Third and Seventh Circuits Have Not Addressed the Issue 4. The Tenth Circuit Finds Only Particularity 5. Summary of Issues for Analysis III. The BIA Is Entitled to Deference and Child Victims of Gang Violence are Entitled to Asylum A. The BIA Should Be Afforded Chevron Deference B. The Third and Seventh Circuits Should Grant Asylum 1. Gender, Age, and Resistance to Recruitment Are Common, Immutable Characteristics 2. Gender, Age, and Refusal to Join a Gang Define the Group with 3. Gender, Age, and Refusal to Join a Gang Socially Distinguish Members of the Group Conclusion INTRODUCTION Jorge Solomon-Membreno and Fatima Marlene Villanueva-Membreno are siblings who grew up in their grandmother's house in Sensuntepeque, El Salvador. (1) Sensuntepeque suffers from prolific gang violence at the hands of MS-13, a transnational gang that commits ongoing acts of assault, rape, and torture. (2) MS-13 is present in every part of El Salvador, and exercises control over innocent civilians with horrific acts of violence. (3) During his adolescence, Jorge was approached by members of MS-13 in an attempt to recruit him, but Jorge refused. (4) His sister Fatima, who was eleven years old at the time, endured a barrage of sexual harassment from MS-13 members, who at one point threatened to get her. (5) On her way home from school, Fatima was seized and knocked unconscious. (6) When she regained consciousness, her chest was exposed, her clothes were ripped, and she felt an immense pain in her stomach. (7) Jorge confronted the gang members he believed to be responsible for Fatima's rape; they responded by beating Jorge until he ran to safety. (8) Jorge did not seek help because he thought the police would provide no assistance, as is common in El Salvador. (9) Jorge and Fatima sought refuge from the gang at their aunt's home in a nearby town. (10) After some time, they returned to their grandmother's home, but confined themselves inside to avoid encountering the gang again. (11) Jorge fled El Salvador and entered the United States near Tecate, California. (12) There, the Department of Homeland Security served him with a Notice to Appear in removal proceedings. (13) Fatima stayed at her grandmother's house, but shortly followed in her brother's footsteps after discovering her grandmother's home had been set on fire. (14) Fatima entered the United States near Hidalgo, Texas, and was also served with a Notice to Appear in removal proceedings. …
Referência(s)