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2.0

Attorney General designates BIA decision for publication

  1. Original Date Announced

    January 31, 2025

    Citing 8 C.F.R. § 1003.1(g)(3), Acting Attorney General James McHenry and later Attorney General Pam Bondi have designated previously unpublished decisions by the Board of Immigration Appeals (BIA) as binding precedent for all future immigration proceedings involving the same issue(s). In the past, attorneys general rarely exercised the regulatory authority to direct that a BIA decision be designated for publication and precedent.

    Acting Attorney General McHenry and Attorney General Bondi exercised this authority in cases such as:

    • Matter of De Jesus-Platon, pertaining to post-conviction relief issued under California law, Matter of De Jesus-Platon, 29 I&N Dec. 7 (BIA 2025);
    • Matter of O-Y-A-E-, which reversed an immigration judge's decision to grant deferral of removal under the Convention Against Torture, Matter of O-Y-A-E-, 29 I&N Dec. 190 (BIA 2025);
    • Matter of Garcia-Flores, which analyzed the authority of Immigration Judges to consider the surrounding facts and circumstances of a criminal conviction when assessing discretionary relief, Matter of Garcia-Flores, 29 I&N Dec. 230 (BIA 2025); and
    • Matter of Cotrufo, which limited Immigration Judge authority in determining whether a noncitizen satisfied their burden of demonstrating that their release on bond would not pose a danger to the community, Matter of Cotrufo, 29 I&N Dec. 264 (BIA 2025).

    Trump 2.0 [ID #2072]

    2025.01.31 - Interim Decision - Matter of De Jesus-Platon 2025.07.23 - Interim Decision - Matter of O-Y-A-E- 2025.08.08 - Interim Decision - Matter of Garcia-Flores 2025.08.28 - Interim Decision - Matter of Cotrufo
  2. Effective Date

    January 31, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: AG EOIR DOJ

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