Original Date AnnouncedJuly 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-*
Effective DateJuly 11, 2018
Subsequent Trump-Era and Court Action(s)
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.View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Revoked/ReplacedJune 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