Attorney General Vacatur of Matter of A-B- and Matter of L-E-A-

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateJune 16, 2021

CategoryAsylum / adjudication precedents

Policy toolLegal interpretation / asylum criteria

Affected groupVictims of gang and gender-based violence

Policy effect

Attorney General Merrick Garland vacated prior restrictive precedent decisions (Matter of A-B- and Matter of L-E-A-), reinstating broader eligibility for asylum claims based on domestic violence and family-based particular social groups (PSG).

Conditions and exceptions

Validated condition or limit: Attorney General Merrick Garland vacated prior restrictive precedent decisions (Matter of A-B- and Matter of L-E-A-), reinstating broader eligibility for asylum claims based on domestic violence and family-based particular social groups (PSG).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

U.S. Department of Justice Office of the Associate Attorney General June 16, 2021 MEMORANDUM FOR THE CIVIL DIVISION FROM: Vanita Gupta tk..; Associate Attorney General RE: Impact of Attorney General decisions in Matter of L-E-A- and Matter of A-B- Today, Attorney General Merrick Garland vacated the previous Attorney General decisions in Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) ("L-E-A- 11"), 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"). Attorney General Garland's decisions instruct that Immigration Judges and the Board … of Immigration Appeals should no longer follow the vacated decisions and should instead revert to prior precedent. These decisions involve important questions about the meaning of our Nation's asylum laws, which reflect America's commitment to providing refuge to some of the world's most vulnerable people. Congress has authorized grants of asylum to those who, among other things, can show that they are fleeing persecution on account of their membership in a "particular social group." 8 U.S.C. § 1101(a)(42)(A); see 8 U.S.C. § 1l 58(b)(l)(A), (B)(i). The now-vacated decisions in L-E-A- II, A-B- … circumstances in which a person should be considered a member of a 'particular social group."' Exec. Order No. 14010, § 4(c)(ii), 86 Fed. Reg. 8267, 8271 (Feb. 2, 2021). In today' s decisions, the Attorney General explains that he is vacating L-E-A- II, A-B- I, and A-B- II to return the law to its preexisting status pending the rulemaking process, which will allow these complex and important questions to be resolved with the benefit of full public comment. When the final rule is promulgated, it will govern these issues going forward. The Civil Division's Office of Immigration Litigation is responsible for defending the decisions of the Board of Immigration Appeals when they are challenged in the federal courts of appeals. Please review any pending cases that may be affected by the Attorney General's vacatur ofL-E-A- II, A-B- I, and A-B- II and take appropriate steps in light ofthat development, including seeking remands in appropriate cases to allow the Board to reconsider asylum claims based on this change in the law. 1 Thank you for your prompt attention to these matters, and for the Division's continuing work to ensure that all asylum claims-including those based on domestic violence, gang violence, or family relationships-are considered fairly, expeditiously, and in accordance with our Nation's laws. 2 …

Executive Office for Immigration Review, Department of JusticeMatter of A-B-, 28 I&N Dec. 307 (A.G. 2021) & Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)Open official source

Retrieved from https://www.justice.gov/eoir/page/file/1404616/dl

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-e4d22a75ed307869e5be. Something wrong? Flag this record.

Attorney General Vacatur of Matter of A-B- and Matter of L-E-A-

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2021