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Original Date Announced
March 7, 2018AG Sessions vacates the BIA's decision in Matter of A-B- and overrules the BIA's decision in Matter of A-R-C-G-. Sessions largely rejects domestic and gang violence as grounds for asylum, opining that a claim based on the conduct of a private actor must show that the government condoned the conduct or was incapable of controlling it, rather than just having difficulty reining it in. Sessions also chastised the BIA for issuing a precedent where DHS had conceded relevant legal issues.
[ID #169]
Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)Effective Date
June 11, 2018Subsequent Trump and Court Action
July 17, 2020Grace v. Barr Opinion
D.C. Circuit affirms in part and reverses in part the lower court decision in Grace v. Whitaker, Case No. 1:18-cv-01853 (D.D.C.), Dec. 19, 2018, which blocked the Matter of A-B- restrictions on gender and gang-based asylum in credible fear determinations in the expedited removal context. The Circuit Court affirms that women and others fleeing domestic violence and gang brutality must have their claims considered fairly on a case-by-case basis. A government petition for rehearing en banc is pending as of 10/22/20.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**Biden 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 DocumentBiden Administration Action: Revoked/Replaced
June 16, 2021Matter of A-B-, 28 I&N Dec. 307 (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 A-B-, vacating Matter of A-B- I and Matter of A-B- II. "Pending forthcoming rulemaking," immigration judges are instructed to follow the precedent that governed before these decisions were issued, including the BIA's decision in Matter of A-R-C-G-.
View DocumentCurrent Status
Not in effectMost Recent Action
June 16, 2021 Action: Revoked/Replaced Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021)June 16, 2021Acted on by Biden Administration
June 16, 2021Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: AdjudicationSubject Matter: Asylum, Withholding and CAT Hearings and AdjudicationsAssociated or Derivative Policies
- June 28, 2018 New Jersey IJs issue notices on asylum, withholding, and CAT relief applicants on Matter of A-B-
- July 11, 2018 ICE issues guidance for OPLA attorneys on litigating asylum claims after Matter of A-B-
- December 19, 2018 EOIR issues IJ guidance on credible fear hearings following Grace v. Whitaker
Pre Trump-Era Policies
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August 6, 2014
In 2014, the BIA held in Matter of A-R-C-G- that, depending on the facts and evidence in an individual case, “married women in Guatemala who are unable to leave their relationship” can constitute a cognizable particular social group for purposes of asylum and related relief.
Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)
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Prior Policy
Original Source:
Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)
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Subsequent Action
Original Source:
Grace v. Barr
- Commentary
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Commentary
Original Source:
Sessions Says Domestic and Gang Violence Are Not Grounds for Asylum
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Commentary
Original Source:
ILRC |Matter of A-B- Considerations
Biden Administration Policy Documents
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Commentary
Asylum Practice Advisory: Applying for Asylum After Matter of A-B-
Go to articleNY Times: Sessions Says Domestic and Gang Violence Are Not Grounds for Asylum
Go to articleILRC |Matter of A-B- Considerations
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