The First Circuit has denied a petition for review filed by a Brazilian family after the BIA denied reconsideration of its dismissal of their asylum appeal. The lead petitioner’s claim was based on past abuse by her former partner, the father of her oldest child.
The Court held that the BIA did not abuse its discretion in rejecting reconsideration. The proposed group of Brazilian women unable to leave relationships with the fathers of their children failed on the record because the petitioner had left the relationship, obtained a restraining order, entered a new relationship, and had no contact with the abuser for many years. The Court also upheld the BIA’s rejection of the family-based proposed group as insufficiently particular.
The full text of Alves-Pains v. Blanche can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1895P-01A.pdf