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

  1. 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]

    View Policy Document
  2. Effective Date of Change

    March 5, 2018
Status: Final/Actual
Type of Action: Adjudication
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: AG EOIR ICE

Prior Policies

  • 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-*

Commentary

What Does Sessions' E-F-H-L- Order Mean?

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