Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)

Policy effect

BIA precedent establishing that when the Department of Homeland Security raises the mandatory bar under INA § 208(d)(6) for filing a frivolous asylum application, an Immigration Judge must make sufficient findings of fact and conclusions of law regarding whether the requirements for a frivolousness determination under Matter of Y-L- have been met, and cannot decline to address the issue. Phase scope: Operative nationwide across all immigration court proceedings and BIA reviews upon issuance on March 11, 2022.

Conditions and exceptions

Validated condition or limit: BIA precedent establishing that when the Department of Homeland Security raises the mandatory bar under INA § 208(d)(6) for filing a frivolous asylum application, an Immigration Judge must make sufficient findings of fact and conclusions of law regarding whether the requirements for a frivolousness determination under Matter of Y-L- have been met, and cannot decline to address the issue.

Official source excerpt

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

When the Department of Homeland Security raises the mandatory bar for filing a frivolous asylum application under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2018), an Immigration Judge must make sufficient findings of fact and conclusions of law on whether the requirements for a frivolousness determination under Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), have been met.

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2022

• 2022-01-28DHS and DOL add 20,000 H-2B visas for first half of FY2022
• 2022-01-30New I-94 spouse codes provide proof of work authorization
• 2022-02-01Eligible evacuated Afghans may reuse overseas medical examinations
• 2022-02-07Longer work-document validity for specified protection and parole categories
• 2022-02-07Restoration of the 30-day processing provision for initial asylum employment authorization
• 2022-02-10Divorce does not end VAWA stepfamily eligibility
• 2022-03-15EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)
• 2022-03-28Citizenship-certificate applicants generally provide photos at appointments
• 2022-04-07USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)
• 2022-04-19DHS designates Ukraine for Temporary Protected Status
• 2022-04-25Implementation of the Uniting for Ukraine Parole Process
• 2022-05-04DHS temporarily increases automatic EAD extension period to 540 days
• 2022-05-06Deferred-action consideration introduced for visa-blocked SIJs
• 2022-05-20DHS designates Afghanistan for Temporary Protected Status
• 2022-05-31DHS and DOJ issue asylum officer processing interim final rule
• 2022-07-20Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition
• 2022-07-25Permanent Adoption of Reproduced Signature Flexibilities
• 2022-08-02Uncharacterized military discharges treated as honorable for military naturalization
• 2022-08-30Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)
• 2022-08-31Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.
• 2022-09-01Resumption of Cuban Family Reunification Parole (CFRP) Operations
• 2022-09-29Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures
• 2022-10-01President sets FY2023 refugee admissions ceiling at 125,000
• 2022-12-12Naturalization receipts extend green-card evidence for 24 months
• 2022-12-15DHS and DOL add 64,716 H-2B visas for FY2023
• 2022-12-23DHS finalizes public charge inadmissibility rule