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EOIR issues IJ guidance on credible fear hearings following Grace v. Whitaker

  1. Original Date Announced

    December 19, 2018

    In an email containing a legal opinion from the EOIR Office of General Counsel, the Chief Immigration Judge advises IJs about Grace v. Whitaker, No. 18-cv-01853 (D.D.C. Dec. 19, 2018, Sullivan, J.) -- a court order that enjoins IJs from relying on certain aspects of Matter of A-B- when conducting credible fear hearings. The EOIR OGC opinion also reports that the court order enjoins certain USCIS interpretations of the Attorney General’s decision as well. As reported in the CIJ email, the injunction takes effective immediately.

    [ID #196]

    EOIR guidance on *Grace v. Whitaker*
  2. Effective Date

    December 19, 2018

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: USCIS EOIR

Pre Trump-Era Policies

  • June 11, 2018 AG Sessions previously vacated the BIA's decision in Matter of A-B- and overruled the BIA's decision in Matter of A-R-C-G, which recognized “married women in Guatemala who are unable to leave their relationship” as a particular social group. Matter of A-B- substantially limited asylum claims by those persecuted by perpetrators of gang or domestic violence. It also required showing that the government condoned or was completely helpless with regard to claims of persecution by non-governmental actors. Matter of A-B-, 27 I&N Dec. 316 (AG 2018)


  • Bloomberg: Trump Asylum Restrictions Hobbled by Judges on Both Coasts

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