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Immigration Law

IJ Distinguishes Jaco, Grants Asylum (PSG = Honduran Women)

Hats off to Prof. Hiroko Kusuda for her victory in New Orleans Immigration Court!  IJ Eric Marsteller distinguished Jaco v. Garland, stating: "The Fifth Circuit in Jaco v. Garland suggested that "Honduran women" is not sufficiently particular. 16 F.4th 1169, 1181 (5th Cir. 2021). The particular social group of "Honduran women" was not at issue in Jaco, however, and the Fifth Circuit's comment related to this group was incidental to the disposition of the case. See id. Therefore, the Fifth Circuit's comment regarding "Honduran women" as a particular social group is dicta and is not binding on this Court's decision. See id. The Court also finds that the facts in Jaco are distinguishable from the facts in Respondent's case, such that Jaco does not directly apply. ... As Respondent has demonstrated that she experienced past persecution, and she has an unrebutted well-founded fear of future persecution, she has proven she qualifies as a refugee under the INA and established her eligibility for asylum. INA § 101 (a)( 42)(A). The Court further finds that Respondent warrants a favorable exercise of discretion and therefore will grant her application for asylum."  ICE did not appeal.