Domestic Violence Survivor Wins Asylum After 14-Year Fight

Rody Alvarado suffered ten years of extreme violence at the hands of her abusive husband. He beat her in front of her two children, pistol-whipped her, raped her, kicked her in an effort to induce abortion, and repeatedly threatened to kill her. In several attempts to escape from her husband, Alvarado fled to other parts of her native Guatemala, but her husband tracked her down and dragged her back home each time. In 1995, Alvarado fled to the United States, leaving her children behind. She has been fighting for asylum here ever since.

Last week, Alvarado's journey from one immigration court to another finally came to an end, when an immigration judge granted her asylum request.

In order to demonstrate a valid asylum claim, an asylum seeker must prove that he or she has a well-founded fear of persecution based upon his or her race, religion, nationality, political opinion, or membership in a particular social group. It's not enough for a victim of domestic violence to seek asylum based on fear that she will face recurrent violence if she returns to her country of origin. She also has to prove that her persecution is tied to one of the five statutory grounds. That's historically been difficult to do, since these grounds do not include gender (or sexuality, for that matter), since domestic violence is often viewed as a relationship issue rather than a larger societal problem, and the final decision is left to one immigration judge's discretion.

In Alvarado's case, her lawyer successfully argued that her abuse was not just an interpersonal issue, because women in Guatemala face persecution on several societal levels and victims of domestic violence aren't provided adequate protection by the state. Indeed, Alvarado repeatedly sought protection from the authorities but was told the abuse was a domestic affair. Under circumstances like these, simply being a woman could be considered membership in a persecuted social group.

Since U.S. law relies heavily on precedent for its interpretation, Alvarado's victory could have a huge impact on future asylum cases involving domestic violence. Additionally, the Obama administration has said it is working on regulations that would create a clear pathway to asylum for victims of domestic violence who flee their home countries. The Bush administration, by comparison, fought hard against domestic violence being considered a valid claim for asylum.

Rody Alvarado persevered through 14 years of legal wrangling to get to this point. She has not seen her two children since she left Guatemala. What a courageous woman and what a survivor she is.

Here's hoping that in 2010, it will be easier for those who have been victims of domestic violence and aren't safe in their own countries to find refuge here in the United States.

Photo Credit: Abbyladybug's Photostream