Fleeing Cuba: A Comparative Piece Focused on Toro and the Options Victims of Domestic Violence Have in Seeking Citizenship in the United States and Canada

Abstract

The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA). This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case. * Kiersten M. Schramek, J.D. cum laude from Pace University School of Law 2015. She served as an Articles Editor of PACE INTERNATIONAL LAW REVIEW and President of the Women’s Association of Law Students from 2014-2015. In addition, she served as Student Coordinator for the Pace Immigration Law Pro Bono Opportunity from 2013-2015. Prior to law school, Ms. Schramek worked as a Victim Advocate at the Putnam/Northern Westchester Women’s Resource Center from 2010-2012. She has always had a passion for Family law, Immigration law, and women’s issues. This article is dedicated to Ms. Schramek’s family and friends who have always supported her in pursuing her dream of becoming an attorney..