Requirement to Articulate Particular Social Groups Before the Immigration Judge (Matter of W-Y-C- & H-O-B-)

Policy effect

The Board of Immigration Appeals established binding precedent holding that an applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed group, and the BIA generally will not address newly articulated social groups raised for the first time on appeal. Phase scope: Nationwide across all EOIR immigration courts and Board of Immigration Appeals adjudications

Conditions and exceptions

Validated condition or limit: The Board of Immigration Appeals established binding precedent holding that an applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed group, and the BIA generally will not address newly articulated social groups raised for the first time on appeal.

Official source excerpt

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

(1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed particular social group. (2) The Board of Immigration Appeals generally will not address a newly articulated particular social group that was not advanced before the Immigration Judge.

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2018

• 2018-03-05Vacatur of Requirement for Full Evidentiary Hearings in Asylum Claims (Matter of E-F-H-L-)
• 2018-04-06Zero-Tolerance Policy for Southwest Border Offenses Under 8 U.S.C. § 1325(a)
• 2018-05-15Tenant-occupancy methodology withdrawn for EB-5 job forecasts
• 2018-05-17Matter of Castro-Tum: Restriction on General Administrative Closure Authority
• 2018-06-11Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), Interim Decision #3929
• 2018-08-16Standards for Continuances to Pursue Collateral Relief in Removal Proceedings (Matter of L-A-B-R-)
• 2018-09-11Outright Denials Without Request for Evidence (RFE) or Notice of Intent to Deny (NOID) (PM-602-0163)
• 2018-09-18Limitation on Immigration Judges' Inherent Authority to Terminate or Dismiss Removal Proceedings (Matter of S-O-G- & F-D-B-)
• 2018-10-01Expanded Issuance of Notices to Appear (NTAs) for Denied Status-Impacting Applications
• 2018-10-04Presidential Determination on Refugee Admissions for Fiscal Year 2019
• 2018-11-01Medical-report validity recalculated from the civil surgeon signature