Wednesday, June 16, 2021

AG Issues Two Major Decisions Today

Attorney General Garland issued two momentous asylum decisions today.

With Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021), AG Garland rescinded Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) (“A-B- I”), and Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) (“A-B- II”) and directed the Board of Immigration Appeals to follow pre-A-B- I precedent, including Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014). This decision reopens the possibility of asylum claims based on domestic violence.

With Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021), Garland rescinded Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) (“L-E-A- II”), "so as to return the immigration system to the preexisting state of affairs pending completion of the ongoing rulemaking process and the issuance of a final rule addressing the definition of 'particular social group.'" This decision reopens the possibility of asylum claims based on the particular social group of a nuclear family.

Notably, with the L-E-A- decision, AG Garland did NOT address "the Board’s conclusion that even if respondent’s father’s immediate family qualified as a 'particular social group,' respondent had 'failed to establish a nexus' between his membership in that group and 'the persecution that he alleged and feared.'" That issue was remanded.

-KitJ

https://lawprofessors.typepad.com/immigration/2021/06/ag-issues-two-major-decisions-today.html

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DOJ Issues Memo on the Impact of Attorney General Decisions in Matter of L-E-A- and Matter of A-B- https://www.aila.org/infonet/doj-issues-memo-on-the-impact-of-attorney-general

Posted by: KJ | Jun 17, 2021 6:28:09 AM

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