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Immigration Law

CA2 on Political Opinion: Hernandez-Chacon v. Barr

Hernandez-Chacon v. Barr

"Petitioner contends that she is entitled to asylum because if she is returned to El Salvador, she will be persecuted on account of her membership in a particular social group ‐‐ Salvadoran women who have resisted the sexual advances of a gang member ‐ and political opinion ‐ resistance to the norm of female subordination to male dominance that pervades El Salvador.  We agree that petitioner failed to establish her asylum claim based on membership in a particular social group, but we grant the petition for review with respect to her political opinion claim and remand to the Board of Immigration Appeals for further proceedings."

[Hats off to Heather Axford!]