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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. 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)
  2. Effective Date

    March 5, 2018

Current Status

Fully in Effect

Original Trump Policy Status

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-*


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