Abstract

http://ssrn.com/abstract=2390813
 


 



Domestic Violence Asylum after Matter of L-R-


Jessica Marsden


Yale University - Law School

February 5, 2014

123 Yale L.J. 2512 (2014)

Abstract:     
Women fleeing severe domestic violence have sought asylum in the United States for at least twenty years. Yet the legal system has been reluctant to understand domestic violence as occurring “on account of” gender or to see domestic violence victims as deserving asylum-seekers. Even after the Department of Homeland Security indicated its support for some domestic violence asylum claims in Matter of L-R-, there remains no binding legal precedent supporting such claims. This Note first argues that feminist theory and sociological evidence present a compelling case that domestic violence occurs “on account of” gender and that domestic violence victims may thus be eligible for asylum as members of a “particular social group” of women. The Note then critiques the weak legal framework that now exists for domestic violence asylum claims and proposes a novel regulatory reform to put such claims on firmer footing. A regulatory reform explicitly embracing domestic violence asylum would not only provide meaningful relief to many asylum-seekers but also be a significant symbolic statement of U.S. commitment to women’s human rights.

Number of Pages in PDF File: 46

Accepted Paper Series


Download This Paper

Date posted: February 7, 2014 ; Last revised: April 28, 2014

Suggested Citation

Marsden, Jessica, Domestic Violence Asylum after Matter of L-R- (February 5, 2014). 123 Yale L.J. 2512 (2014). Available at SSRN: http://ssrn.com/abstract=2390813

Contact Information

Jessica Marsden (Contact Author)
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
Feedback to SSRN


Paper statistics
Abstract Views: 445
Downloads: 152
Download Rank: 113,592

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.515 seconds