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Original Date Announced
July 29, 2019Under Matter of L-E-A-, most nuclear families are not inherently socially distinct and therefore do not qualify as “particular social groups.” Adjudicators analyzing asylum claims based on membership in a family unit must consider whether that specific family is “set apart, or distinct, from other persons within the society in some significant way.”
[ID #86]
Matter of L-E-A-, 27 I&N Dec. 581 (AG 2019)Effective Date
July 29, 2019Subsequent Trump-Era and Court Action(s)
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Litigation filed in D.D.C. court 11/25/19, S.A.P v. Barr, Case No. 1:19-cv-03549
Biden Administration Action: Revoked/Replaced
June 16, 20212021.06.16 Matter of L-E-A- 28 I&N Dec. 304 (A.G.2021)
This Biden administration action revokes in its entirety the Trump-era policy identified in this entry.
On June 16, 2021, Attorney General Garland issued a new decision in Matter of L-E-A-, vacating Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) (L-E-A- II) in its entirety. The decision instructs immigration judges to revert to the "preexisting state of affairs" before L-E-A- II was issued, pending a forthcoming final rule on "particular social group."
View DocumentBiden Administration Action: Other
June 16, 20212021.06.16 Impact of Attorney General decisions in Matter of L-E-A- and Matter of A-B-
Following Attorney General Garland’s decision to vacate Matters of L-E-A-, A-B- I, and A-B- II. on June 16, 2021, Associate Attorney General Vanita Gupta explained that "Attorney General Garland's decisions instruct that Immigration Judges and the Board of Immigration Appeals should no longer follow the vacated decisions and should instead revert to prior precedent."
View DocumentCurrent Status
Not in effectMost Recent Action
June 16, 2021 Action: Other 2021.06.16 Impact of Attorney General decisions in Matter of L-E-A- and Matter of A-B-June 16, 2021Acted on by Biden Administration
June 16, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: AdjudicationSubject Matter: Asylum, Withholding and CATAssociated or Derivative Policies
- September 30, 2019 USCIS issues policy guidance for Matter of L-E-A-
Pre Trump-Era Policies
- March 24, 2017 Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017)
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July 29, 2019
Under previous training guidance to asylum and refugee officers, the relevant Lesson Plans emphasized that in many cases a family may constitute a particular social group, consistent with existing case law recognizing family as a “particular social group.”
USCIS RAIO Combined Training Course Lesson Plan: Nexus – Particular Social Group
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Matter of L-E-A-, 27 I&N Dec. 581 (AG 2019)
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Prior Policy
Original Source:
Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017)
- Prior Policy
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Other
Original Source:
Matter of L-E-A-. 27 I&N Dec 494 (AG 2018)