Decision date: 2020-10-30

Holding that the proposed particular social group of “married El Salvadoran women in a controlling and abusive domestic relationship” is not viable because it impermissibly defines the group by the underlying persecution, thus violating the anti-circularity requirement reaffirmed in Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), and declining to rule on proposed particular social groups raised for the first time on appeal. Further upholding the agency's determination that Petitioner did not show acquiescence for CAT relief because the police came at least once to help her and she was able to work out a separation agreement with her abuser.

Publication Status: Published

Case judge: Diaz, Niemeyer, Wilkinson

Decision: Amaya-De Sicaran v. Barr, 979 F.3d 210 (4th Cir. 2020)