10-2899 Sarhan v. Holder

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Immigration
Jordan; honor killings

A woman who will fall victim to an “honor killing” at the hands of a family member is entitled to relief either under the Convention Against Torture (CAT) or under the procedure known as “withholding of removal.”

“The practice of honor killing is still widespread in certain parts of the world. Along with female genital mutilation, human trafficking and slavery, spousal rape, and domestic battery, it is among the most severe abuses that women face around the globe. Vital though the enforcement of our immigration laws may be, it is equally important to give full force to the features of those laws that are designed to give shelter in the United States to people who would experience extraordinary abuse if they were sent back to their home country. The laws regarding asylum, withholding of removal, and the United States’s international obligations under the CAT are no less important than the laws establishing the general rules for immigration. The Board’s decision in this case looked too narrowly at the abhorrent practice of honor killing in Jordan. In so doing, it failed to realize that women whose behavior violates that society’s moral norms (and who thus may suffer this consequence) form a coherent social group, that the ensuing death normally at the hand of a family member amounts to persecution on account of their membership in that group, and that the government continues to be unwilling or unable to stop this brutality.”

“In this case, Disi has shown that it is more likely than not that she will be murdered by her brother if she is returned to Jordan because she is part of this social group. The Jordanian government can or will do nothing to help her, and she cannot reasonably be expected to relocate, because Besem will track her down no matter where she is within Jordan. Sarhan’s case and that of the children is more complex. What is clear is that further proceedings are necessary before either Disi or her family members can be removed.”

Petitions Granted.

10-2899 Sarhan v. Holder

Petitions for Review from an Order of the Board of Immigration Appeals, Wood, J.

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