17‐3903‐ag Hernandez‐Chacon v. Barr BIA Tsankov, IJ A 206 803 023 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2019 (Argued: September 10, 2019 Decided: January 23, 2020) Docket No. 17‐3903‐ag ROSARIO DEL CARMEN HERNANDEZ‐CHACON, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. Before: WESLEY, CHIN, and BIANCO, Circuit Judges. Petition for review of a decision of the Board of Immigration Appeals dismissing petitionerʹs appeal from an immigration judgeʹs denial of her application for asylum. 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. Petition GRANTED and case REMANDED. HEATHER YVONNE AXFORD, Central American Legal Assistance, Brooklyn, New York, for Petitioner. CARMEL A. MORGAN, Trial Attorney (Shelley R. Goad, Assistant Director, Office of Immigration Litigation, on the brief), for Joseph H. Hunt, Assistant Attorney General, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. ‐2‐ CHIN, Circuit Judge : Petitioner Rosario Del Carmen Hernandez‐Chacon (ʺHernandez‐ Chaconʺ), a citizen of El Salvador, seeks review of a decision of the Board of Immigration Appeals (the ʺBIAʺ) dismissing her appeal from a decision of an immigration judge (the ʺIJʺ) granting her protection under the Convention Against Torture (ʺCATʺ) but denying her application for asylum. Although she has been granted CAT relief, Hernandez‐Chacon continues to pursue her asylum claim because asylum would provide her with broader relief, including permanent residence and a path to citizenship. See 8 U.S.C. § 1159. While in El Salvador, Hernandez‐Chacon was attacked twice by members of a gang. The first attack involved a man who attempted to rape her in her home. The second attack involved the same man, along with two other men, who attempted to rape her while she was walking with her daughters. Hernandez‐Chacon contends that she is entitled to asylum because if she is returned to El Salvador she will be persecuted based on 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 ‐3‐ female subordination to male dominance that pervades El Salvador. The agency rejected both claims for asylum. While we agree that Hernandez‐Chacon failed to establish her asylum claim based on membership in a particular social group, we conclude that the agency did not adequately consider her political opinion claim. Accordingly, we grant the petition for review with respect to her political opinion claim and remand for further proceedings. STATEMENT ...
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