New 2025 BIA Ruling Changes Gender-Based Asylum Claims

At Rozas Immigration, we help survivors of gender-based persecution navigate a system that is constantly changing. A new ruling from the Board of Immigration Appeals (BIA) in July 2025 is one of the most significant shifts in recent years and it could make it harder for many survivors to win asylum.

Imagine fleeing your home because of abuse or violence only to be told in the U.S. that your story isn’t “specific” enough to count. That’s what many survivors of gender-based persecution could face after this major immigration court decision.

The BIA, which sets the rules for immigration judges, decided that asylum claims based only on gender—or gender combined with nationality—are too broad to qualify. This case, called Matter of K-E-S-G- (DOJ decision PDF), is already changing how immigration lawyers must prepare  gender-based asylum applications.

If you are a survivor of violence who needs protection, this decision could affect your future. Here’s what happened, why it matters, and how you can still fight for your safety.

Understanding Asylum and the Role of Particular Social Groups

In the United States, asylum is protection given to people who can’t return to their home country because they have been persecuted or fear they will be persecuted based on one of five protected grounds:

• Race

• Religion

• Nationality

• Political opinion

• Particular social group (PSG)

A particular social group sounds technical, but it simply means a group of people who:

1. Share a characteristic they can’t change (or shouldn’t be forced to change), like gender, family ties, or sexual orientation.

2. Are clearly defined with specific boundaries (not a vague or open-ended category).

3. Are recognized by their society as different or distinct.

PSG claims are often a key part of gender-based asylum cases. For example, women fleeing forced marriage or survivors of human trafficking may qualify if they can prove their group meets these three requirements.

Before July 2025, many PSGs were defined broadly, such as “women in [country]”. That’s exactly what has now changed.

What the BIA’s 2025 Gender-Based Asylum Decision Means

In plain language, the BIA ruled that simply being a woman from a certain country isn’t enough to qualify for asylum. Under this decision, broad groups like “Honduran women” or “Salvadoran women” don’t meet the legal definition of a particular social group.

After Matter of K-E-S-G-, immigration lawyers now have to refine these groups so they meet the law’s requirement for particularity. That means:

1. Adding a unifying trait — something specific that ties the group together, like opposing a harmful practice or surviving a particular type of abuse.

2. Showing the group is socially distinct in the home country — meaning society sees and treats them differently.

3. Linking that identity to the persecution — proving the harm happens because of membership in that group.

Examples of narrower PSG definitions that have been used in real asylum claims include:

• “Guatemalan women who have escaped forced marriages and cannot return safely”

• “Salvadoran women who openly oppose female genital mutilation (FGM)”

• “Honduran women who are viewed as property by virtue of their relationship status”

• “Women in Somalia who have refused to undergo FGM”

These narrower definitions make the process harder for survivors. Their legal teams must now prove not only that they face danger, but also that their society views this group as distinct, and that persecution is directly tied to belonging to it.

How This Ruling Affects Survivors of Gender-Based Violence

Before 2025, survivors of domestic violence, human trafficking, forced marriage, and other gender-based harms could often use broader PSG definitions. Now, they must:

• Create a narrower group definition tied directly to their persecution.

• Show their society views this group as separate from the general population.

• Provide country-specific evidence to prove it.

This often means needing:

• Expert witnesses

• Human rights reports

• News coverage showing how their group is treated

Without these, valid asylum claims may be denied before the full story is heard.

How to Build a Strong Gender-Based Asylum Case in 2025

Here’s how you can adapt to this new legal landscape:

1. Get Legal Help Immediately
   The wording of your PSG is critical. Even a small mistake could cost your case. At Rozas Immigration, we’ve spent years defining PSGs that meet the legal standard.

2. Make the Group Specific
   Avoid “women from [country].” Add details that connect directly to the persecution, such as opposing a harmful cultural practice or surviving a particular type of abuse.

3. Gather Evidence Early
   Use reports, studies, and expert opinions showing your group is recognized in your society and faces targeted harm.

4. Connect the Dots
   Show a clear link between the harm you faced and your membership in this group.

Why This New Ruling Matters

This ruling raises the bar for protection, making it harder for survivors to get the safety they need. Advocacy groups like the American Immigration Council warn it could leave many vulnerable people without help.

For those fleeing abuse, the U.S. immigration system is already complex. Adding new barriers makes it even more important to have the right legal team from the start.

How Rozas Immigration Can Help

Our team of immigration lawyers know how to navigate these changing rules and fight for survivors of gender-based violence. We can:

• Craft a PSG that meets all legal requirements.

• Build a strong record to prove particularity and social distinction.

• Represent you from start to finish, including appeals.

You don’t have to face this process alone. Schedule a consultation or call us now to get started.

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