Unpub. BIA Asylum Remand Victory: Honduras, Social Group

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (clarifying what is required to establish a particular social group); Matter of A-R-C-G-, 26 I&N Dec. 388 (BlA 2014) (holding that, depending on the facts and evidence in an individual case, married women in Guatemala who are unable to leave their relationship can constitute a cognizable particular social group for purposes of seeking asylum and withholding of removal). The Immigration Judge in this case did not make findings regarding these issues, in part because the respondent's abuser, her former husband, was murdered in Honduras many years ago. However, as discussed above, we find that the respondent's' asylum application was timely filed. Thus, should she be found to have suffered past persecution on account of a protected ground, she could be eligible for asylum despite the death of her abuser. See, e.g., Matter of M-S-, 25 I&N Dec. 705 (BIA 2012). On remand, the parties should be given the opportunity to make any additional legal and factual arguments regarding particular social group and nexus as they may apply to this case." - Matter of M-R-, Nov. 24, 2014, unpub.  [Hats off to Matthew L. Hoppock!]