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Original Date Announced
July 11, 2018The 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-*Effective Date
July 11, 2018Subsequent Trump-Era and Court Action(s)
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July 17, 2020
Grace v. Barr--D.C. Circuit Opinion
The D.C. Circuit affirms in part and reverses in part the lower court decision in Grace v. Whitaker, Case No. 1:18-cv-01853 (D.D.C.), Dec. 19, 2018, which blocked the Matter of A-B- restrictions on gender and gang-based asylum in credible fear determinations in the expedited removal context. The Circuit Court affirms that women and others fleeing domestic violence and gang brutality must have their claims considered fairly on a case-by-case basis. A government petition for rehearing en banc is pending as of 10/22/20.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Revoked/Replaced
June 16, 2021Matter 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 DocumentCurrent Status
Not in effectMost Recent Action
June 16, 2021 Action: Revoked/Replaced Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021)June 16, 2021Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CATAssociated or Derivative Policies
- March 7, 2018 AG Sessions issues Matter of A-B-, restricting asylum claims based on domestic or gang violence
- June 28, 2018 New Jersey IJs issue notices on asylum, withholding, and CAT relief applicants on Matter of A-B-
- December 19, 2018 EOIR issues IJ guidance on credible fear hearings following Grace v. Whitaker
Pre Trump-Era Policies
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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-*