Mukasey Sends Rodi Alvarado Peña's Case Back to the Board of Immigration Appeals

Breaking a legal logjam of nearly eight years, Attorney General Michael B. Mukasey canceled a stay in the case of a Guatemalan woman who sought asylum in the United States after she was severely battered by her husband in Guatemala. Mr. Mukasey sent back the case of the woman, Rodi Alvarado Peña, to the Board of Immigration Appeals, encouraging it to set nationwide standards for determining when women who are victims of domestic violence in their home countries can win asylum. The case, held up since January 2001, caused many other asylum claims of battering victims to stall. A lawyer for Mrs. Alvarado, Karen Musalo, said Mr. Mukasey’s decision raised concerns because the appeals board denied asylum to Mrs. Alvarado in 1999.