Practice Alert: AG Sessions Issues Matter of A-B-, Overruling Matter of A-R-C-G-

Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), recently issued by Attorney General Jeff Sessions, overruled Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014). In A-R-C-G- the Board had held that, depending on the facts and evidence in an individual case, "married women in Guatemala who are unable to leave their relationship" could constitute a cognizable particular social group. The Attorney General's decision remands Matter of A-B- back to the Immigration Court in Charlotte for further proceedings. As a result of this procedural posture, counsel for Ms. A-B- cannot immediately appeal this decision to the U.S. Court of Appeals for the Fourth Circuit. Instead, the case will go back to the immigration judge who denied relief. Assuming the immigration judge denies again, Ms. A-B- would appeal to the BIA before seeking review by the U.S. Court of Appeals for the Fourth Circuit. AILA's Asylum and Refugee Committee will update AILA members on the progress of Ms. A-B-'s case as communicated by her counsel.

Through Matter of A-B- the Attorney General has made clear his desire to close the door on domestic violence and gang-based asylum claims by those fleeing persecution from "private actors." But practitioners should continue to push these cases forward, just as they did pre-Matter of A-R-C-G. In fact, the AILA Asylum and Refugee Committee has heard anecdotally of gender-based asylum cases being granted after Matter of A-B-.

Tips

• Practitioners should not cite to or rely upon Matter of A-R-C-G- in asylum filings.
• Practitioners should explore and articulate other PSGs and offer other claims based on the other four protected grounds.
• Practitioners should review the filings in Matter of A-B-, which include amicus briefs, for sample arguments.

Practice Resources

• Practitioners should read the Center for Gender and Refugee Studies (CGRS) "Practice Advisory on Matter of A-B-," the CGRS "Matter of A-B- Action Toolkit," and request to view the CGRS "Matter of A-B-, Analysis and Strategies for Success" webinar by emailing cgrs@uchastings.edu.
  • By clicking the above link to the CGRS practice advisory, you are affirming that you do not work for the Department of Homeland Security or the Department of Justice, and that you will not use these materials for purposes other than to protect and promote the rights of immigrants in the United States. Please do not circulate or distribute this advisory without CGRS authorization.
• Practitioners should read Tahirih Justice Center's "Brief Analysis of Attorney General's Decision in Matter of A-B-," available in both English and Spanish, and consider Tahirih's "Talking Points on the Attorney General's Decision in Matter of A-B-."
• Practitioners should read the National Immigrant Justice Center's "Asylum Practice Advisory: Applying for Asylum After Matter of A-B."
• Practitioners should review the following Executive Office for Immigration Review Notices:
  • Scheduling Order for Matter of A-B- Cases, Arlington, VA
  • Notices for All Asylum/Withholding/CAT Applicants (following Matter of A-B-), Newark, NJ

Feedback Requested from Practitioners

• Practitioners who have a case before a U.S. court of appeals that implicates Matter of A-B- should reach out to CGRS by filling out this short survey.
• Practitioners may also help CGRS collect information on compelling cases denied under Matter of A-B- (even if not yet ripe for circuit court appeal) by emailing CGRS-ABtracking@uchastings.edu.
• Alternatively, practitioners may reach out to AILA's Asylum and Refugee Committee concerning Matter of A-B- cases by emailing AILA's Policy Counsel Jason Boyd at jboyd@aila.org.

Related Resources

• AILA Press Release: Attorney General Pushes Immigration Judges to Deny Asylum to Victims of Violence
• Scheduling Order for Matter of A-B- Cases, Arlington, VA
• Notices for All Asylum/Withholding/CAT Applicants (following Matter of A-B-), Newark, NJ
• Vox Obtains USCIS Interim Guidance on Matter of A-B-
• Attorney General Pushes Immigration Judges to Deny Asylum to Victims of Violence
• Attorney General Narrows Criteria for Asylum Seekers
  Matter of A-B-, 27 I&N Dec. 316
  (A.G. 2018)
• AILA Policy Brief: USCIS Guidance on Matter of A-B- Blocks Protections for Vulnerable Asylum Seekers and Refugees