Appel, ‘Immutable Suffering: How the BIA’s decision in matter of K-E-S-G- complicates asylum for victims of gender-based persecution’, 2025

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.

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.