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New Jersey IJs issue notices on asylum, withholding, and CAT relief applicants on Matter of A-B-

  1. Original Date Announced

    June 28, 2018

    Immigration judges in the Newark immigration court issues notices (in effect, standing orders) regarding asylum, withholding of removal, and CAT relief applicants, urging them to submit pre-hearing briefs after Matter of A-B- was issued. The notices advise applicants to provide evidence on the “immutability, particularity, and social distinction” of the alleged particular social groups. If the alleged persecutor is a private actor, applicants should provide evidence of the persecutor’s identity, the persecutor’s connection to the applicant, and the government’s inability or unwillingness to control the persecutor. [ID #42]

    EOIR New Jersey: Notice for All Asylum/Withholding/CAT Applicants
  2. Effective Date

    June 28, 2018
  3.  
  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
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: EOIR ICE

Pre Trump-Era Policies

  • August 26, 2014

    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-

Documents

Biden Administration Policy Documents

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