Latest Case: Antonio v. Barr (Immigration Law)

The Things That Are Caesar’s

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on the recent oral argument before the U.S. Supreme Court in Our Lady of Gaudalupe School v. Morrissey-Berru, which raises the question how broadly to construe the word “minister” within the ministerial exception to anti-discrimination law required by the First Amendment. Colb explains where the ministerial exception doctrine might be headed and suggests that an exemption even for criminal misconduct against ministers might be within the existing doctrine.

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Antonio v. Barr

Docket: 18-3500

Opinion Date: May 19, 2020

Judge: Gibbons

Areas of Law: Immigration Law

Maria, a 33-year-old citizen of Guatemala, is a member of a Mayan indigenous group. She never attended school and cannot read or write. Maria lives in Nashville and works at a hotel. Maria is married to Juan who currently resides in Guatemala. They have four children. The older two were born in Guatemala and the younger two were born in the U.S. Huberto, 12, is autistic and cannot speak; he resides with Maria in Nashville. Maria sought asylum and withholding of removal based on domestic violence suffered at the hands of Juan, which arose within the broader context of systemic violence, harassment, and subordination of indigenous Mayan women in Guatemala. The BIA found that Maria articulated a cognizable particular social group and that the harm she suffered rose to the level of past persecution but concluded that the government effectively rebutted her well-founded fear of future persecution. The Sixth Circuit vacated and remanded. The Board’s decision was not supported by substantial evidence; Maria is still a Mayan indigenous woman and remains married to Juan, who will not agree to a divorce unless she cedes custody of her children. Physical separation does not necessarily indicate that a relationship has ended. Maria cannot “reasonably expect the assistance of the government” in controlling Juan, who has violated a restraining order, beat their oldest child, repeatedly threatened to kill Maria or their children, and purchased a gun with the intent to kill her.