AG Sessions vacates Matter of E-F-H-L-, which had held that asylum applicants were entitled to a full evidentiary hearing

Original Date Announced
March 5, 2018
Attorney General Sessions vacates a precedential BIA opinion, Matter of E-F-H-L-, which held that applicants for asylum and withholding of removal were entitled to full evidentiary hearings before IJs without first stating a prima facie claim to relief. The BIA opinion also clarified that applicants may provide testimony and other evidence for their claims during these hearings. The AG's brief opinion vacates Matter of E-F-H-L- on grounds of mootness, but does not assert that applicants are not entitled to full evidentiary hearings. [ID #33]
Attorney General Decision: Matter of E-F-H-L-, 27 I. & N. Dec. 226 (A.G. 2018)
Effective Date
March 5, 2018

Fully in Effect

Status: Final/Actual

Trump Administration Action: Adjudication

Subject Matter: Asylum, Withholding and CAT

Agencies Affected: AG EOIR ICE

Pre Trump-Era Policies

June 12, 2014
In a 2014 precedential decision, the BIA in Matter of E-F-H-L held that an applicant for asylum or withholding of removal is entitled to a full immigration hearing, which includes a chance to testify and present evidence to the IJ. The applicant is not required to present a prima facie case for asylum to receive a full hearing.
BIA Decision, *Matter of E-F-H-L-*