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Posted - 01/07/2010 11:15am
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Guatemalan Granted Asylum for Domestic Violence

Rody Alvarado was a victim of domestic violence. After 10 years of being severely abused by her husband, and running to different parts of her native Guatemala to escape him, she left for good. Leaving two small children behind, she fled to the United States. She applied for asylum in 1995, a request that is not often granted, even for reasons that are commonly recognized by our federal government.


In the U.S., asylum victims traditionally must show that their persecution stemmed from religion, political beliefs, race, nationality or membership in a particular social group. Currently, there are no regulations to allow entry in the U.S. by other victims of domestic violence whom have no other options than to leave their homelands, but the Obama administration says it is now crafting some.


Naturally, concerns arise on both sides of the immigration debate. Some worry that the U.S. will be flooded with applications if domestic violence is added to the list of what constitutes political asylum. Others say the numbers will not be affected at all. In 1996 asylum protection was granted to women fleeing from countries that practiced genital mutilation. Since then, the immigration numbers stemming from women who applied for asylum for that reason remain virtually unchanged. Still, with emotions running so high regarding immigration there are many who worry that expanding regulations to include protection for domestic violence victims will cloud the purpose of refugee policy. Ira Mehlman, a spokesman for the advocacy group Federation for American Immigration Reform feels that expanded asylum regulations will lead us into "personal relationships", an area where asylum law ought not go.


In December, Rody Alvarado's request for asylum was granted. She claims to have never lost hope, though fleeing her homeland was necessary for her safety, the choice did not come without sacrifice. She has not seen her children since she left Guatemala. They are grown now and don't understand why she left in the first place, despite witnessing their father beating her into unconsciousness.


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If you are accused of domestic violence, it is vitally important that you seek experienced, aggressive defense counsel. To protect your interests, contact Stacie L. Patterson at (619) 269-8074.