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Original Date Announced
January 21, 2026Secretary Noem referred to Attorney General Bondi the Board of Immigration Appeals' (BIA) decision, Matter of D-K-, 25 1&N Dec. 761 (BIA 2012). Matter of D-K- holds that noncitizens admitted as refugees may be removed on deportability grounds under INA § 237 and not inadmissibility grounds under INA § 212.
Secretary Noem argues that the BIA erred by treating refugees as having already been admitted during this review process, highlighting several purported statutory interpretation errors. She asks the Attorney General to vacate the decision “insofar as it erroneously holds that aliens admitted as refugees may not be taken back into DHS custody under INA § 209(a)(1), charged with inadmissibility under INA § 212, and promptly removed.” She states that vacatur would ensure that “aliens conditionally and temporarily admitted to the United States as refugees are not permitted to remain indefinitely.”
The Secretary requested that the Attorney General issue a decision by February 9, 2026.
Trump 2.0 [ID #2183]
2026.01.21 DHS - Referral of Matter of D-K-Effective Date
January 21, 2026Current Status
None
Documents
Trump-Era Policy Documents
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