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

  1. 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]

    View Policy Document
  2. Effective Date of Change

    June 28, 2018
  3. Subsequent Action

    July 17, 2020

    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.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Grace v. Barr Opinion
Type of Action: Agency Directive
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: EOIR ICE

Prior Policies

  • 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-

Subsequent Action

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