Asylum Granted to Mexican Woman in Case Setting Standard on Domestic Abuse, By JULIA PRESTON, NYT (August 12, 2010). A Mexican domestic violence (DV) victim was granted asylum on the basis that she cannot safely repatriate to Mexico or rely upon Mexican authorities to protect her from her common law husband’s murder threats and violence.
DV-based asylum, like other domestic violence-based immigration remedies, such as U Visas, can impact the outcome of Return proceedings litigated under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
Some U.S. Judges will not order a child returned to his or her country of habitual residence after a U.S. Immigration Judge has ruled that the child’s mother cannot safely return to that country. Where the abducted child is a derivative beneficiary of the abducting parent’s approved Asylum or U Visa claim, some Hague Judges do not take into account the fact that derivative children need not be directly endangered in order to be granted derivative immigration status – they need only prove the qualifying (parent-child) relationship to the principle applicant.