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ICE issues guidance for OPLA attorneys on litigating asylum claims after Matter of A-B-

  1. Original Date Announced

    July 11, 2018

    The ICE memo provides guidance for OPLA attorneys litigating asylum and withholding of removal after Matter of A-B-. The memo states that even widespread private persecution does not establish eligibility for asylum or withholding of removal. It instructs OPLA attorneys to "ensure that any preferred particular social group" for asylum claims is "appropriately tested.” The memo clarifies that private violence may sometimes serve as a basis for asylum, but that groups premised on domestic and gang violence may not be recognized unless the claims survive the “rigorous analysis required by the Board’s precedents.” The memo emphasizes that attorneys must provide an exacting scrutiny on relief claims, issuing a “detailed and rigorous” case-by-case analysis.

    [ID #46]

    ICE Memorandum: Litigating Domestic Violence-Based Persecution Claims Following *Matter of A-B-*
  2. Effective Date

    July 11, 2018
  4. Biden Administration Action: Revoked/Replaced

    June 16, 2021

    Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021)

    This Biden administration action revokes in its entirety the Trump-era policy put in place by Matter of A-B-.

    On June 16, 2021, Attorney General Garland issued a new decision in Matter of A-B-, vacating Matter of A-B- I and Matter of A-B- II. "Pending forthcoming rulemaking," immigration judges are instructed to follow the precedent that governed before these decisions were issued, including the BIA's decision in Matter of A-R-C-G-.

    View Document

Current Status

Not in effect

Most Recent Action

June 16, 2021 Action: Revoked/Replaced Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021)
June 16, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: USCIS ICE EOIR

Pre Trump-Era Policies

  • August 26, 2016

    Matter of A-B- overruled the BIA's precedent decision in Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014), holding that victims of domestic and gang violence were potentially eligible for asylum under "particular social group" ground.

    *Matter of A-R-C-G-*


Biden Administration Policy Documents

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