"The asylum statute does not provide redress for all misfortune," Sessions wrote in a formal legal opinion, exercising his authority to overturn decisions by federal immigration judges. "The mere fact that a country may have problems effectively policing certain crimes — such as domestic violence or gang violence — or that certain populations are more likely to be victims of crime cannot itself establish an asylum claim."
He acted in the case of a woman from El Salvador who entered the U.S. illegally in 2014 and sought asylum, claiming that her husband repeatedly abused her "emotionally, physically and sexually."
Under U.S. and international law, a person may seek asylum based on past persecution or a well-founded fear of future persecution because of race, religion, nationality, political opinion, or membership in a particular social group. Four years ago, an immigration court recognized"married women in Guatemala who are unable to leave their relationship" as such a social group.
In overturning that ruling, Sessions said it did not conform with the requirements of federal law that a social group must have well-defined characteristics that are socially distinct. The claims of the woman in this case, who said her social group was "El Salvadoran women unable to leave their domestic relationships where they have children," did not fit the law's requirements, he said.
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