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Question: What if I know somebody in question is not married, but still being beaten by her husband and has escaped to the U.S. Can she apply for this kind of asylum?

Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc.

Question: What if my country has laws against domestic violence? Will I not be able to apply?

Transgender granted CATS

The Ninth Circuit granted in part the petition for review, holding that the Board of Immigration Appeals erred when it denied the petitioner, a transgender woman from Mexico, relief under the Convention Against Torture (CAT), because it failed to recognize the difference between gender identity and sexual orientation, and assumed that recent anti-discrimination laws in Mexico have made life safer for transgender individuals, while ignoring significant evidence of violence targeting them. The court remanded for a grant of CAT relief in light of the petitioner’s evidence of past torture and country conditions, which showed a clear probability of future torture with government acquiescence.

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