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AG decides Matter of L-E-A-, narrowing family-based PSGs

  1. Original Date Announced

    July 29, 2019

    Under 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)
  2. Effective Date

    July 29, 2019
  3.  
  4. Biden Administration Action: Revoked/Replaced

    June 16, 2021

    2021.06.16 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."

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  5. Biden Administration Action: Revoked/Replaced

    June 16, 2021

    2021.06.16 Impact of Attorney General decisions in Matter of L-E-A- and Matter of A-B-

    This Biden administration action revokes in its entirety the Trump-era policy identified in this entry.

    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 [Matters of L-E-A-, A-B- I, and A-B- II] and should instead revert to prior precedent." She also affirmatively directed the Office of Immigration Litigation to seek federal court remands in appropriate cases.

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Current Status

Not in effect
June 16, 2021
Acted on by Biden Administration
June 16, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Adjudication
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: EOIR ICE AG USCIS

Associated or Derivative Policies

Pre Trump-Era Policies

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