Original Date AnnouncedJune 17, 2020
AG Barr certifies to himself Matter of A-M-R-C-, an asylum case that reportedly was granted and concluded nearly 15 years ago. The reason for certifying the case is not disclosed. The certification order invites the parties and amici to respond to the following questions:
- Would the delay in certifying this case cause the respondent to suffer any “prejudice from any inability to prove his defenses,” or otherwise prevent the AG from reviewing the BIA decision?
- Did the BIA err in determining, as a matter of discretion, that there was not probable cause that the respondent had committed a “serious nonpolitical crime”? Did the BIA correctly conclude that the crime of the respondent's in absentia conviction was not “disproportionate to the objective” or “of an atrocious or barbarous character”?
- Did the BIA err in determining that the persecutor bar at did not apply to the respondent’s asylum claim?
- Did the BIA apply the correct legal standard in concluding that the respondent’s in absentia trial suffered from due process problems even though the State Department had found the trial had satisfied due process?
[ID #1132]Matter of A-M-R-C-, 28 I&N Dec. 7 (A.G. 2020)
Effective DateJune 17, 2020