Document Type
Blog Post
Publication Date
11-2025
Abstract
This article addresses the recent BIA decision in Matter of K-E-S-G-, which held that a social group defined by sex and nationality fails to meet the definition of a particular social group eligible for relief under U.S. asylum law. The article argues that while the issue of gender-based persecution is widespread, victims of such harm are united by a unique form of suffering and immutable characteristics. To offer an example of the distinct effects of gender-based persecution, the article highlights women in Eurasia who have been subject to forced marriages.
Recommended Citation
Appel, Phoebe, "IMMUTABLE SUFFERING: HOW THE BIA’S DECISION IN MATTER OF K-E-S-G- COMPLICATES ASYLUM FOR VICTIMS OF GENDER-BASED PERSECUTION" (2025). Immigration Law Blog. 18.
https://insight.dickinsonlaw.psu.edu/ilsblog/18