{"slug":"matter-of-a-b-domestic-violence-gang-asylum-2018","title":"Matter of A-B-: Sessions Declares Domestic- and Gang-Violence Asylum Claims Will 'Generally' Fail (2018)","date":"2018-06-11","lastUpdated":"2026-10-04","description":"On June 11, 2018, Attorney General Jeff Sessions decided Matter of A-B-, overruling the Board of Immigration Appeals' 2014 precedent that had recognised domestic-violence survivors as a potential 'particular social group' and stating that 'generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum.' USCIS then applied the decision in border credible-fear screenings. In December 2018 a federal district court held most of the new credible-fear policies unlawful and permanently enjoined them. In July 2020 the D.C. Circuit affirmed that ruling against the decision's 'condoned or completely helpless' standard for private persecution and a related choice-of-law policy, but reversed it on the 'generally will not qualify' statement, finding the record did not show a categorical rule. Attorney General Garland vacated the decision in June 2021.","summary":"Sessions used his power to rewrite immigration precedent to declare that people fleeing domestic or gang violence will generally not qualify for asylum. Its standards were applied at the border to screen people out before they could make their case; federal courts held key parts of that screening policy unlawful, and the decision was vacated in 2021.","category":"deportation","severity":"severe","ongoing":false,"sources":[{"url":"https://www.justice.gov/eoir/page/file/1070866/download","title":"Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)","publisher":"US Department of Justice, Executive Office for Immigration Review"},{"url":"https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_18-cv-01853/pdf/USCOURTS-dcd-1_18-cv-01853-0.pdf","title":"Grace v. Whitaker, No. 18-cv-01853 (EGS), Memorandum Opinion (D.D.C. Dec. 17, 2018)","publisher":"US District Court for the District of Columbia (via govinfo.gov)"},{"url":"https://www.govinfo.gov/content/pkg/USCOURTS-caDC-19-05013/pdf/USCOURTS-caDC-19-05013-0.pdf","title":"Grace v. Barr, No. 19-5013 (D.C. Cir. July 17, 2020)","publisher":"US Court of Appeals for the D.C. Circuit (via govinfo.gov)"},{"url":"https://www.aclu.org/cases/grace-v-whitaker","title":"Grace v. Barr (formerly Grace v. Whitaker)","publisher":"American Civil Liberties Union (counsel for plaintiffs)"},{"url":"https://www.justice.gov/eoir/page/file/1404796/download","title":"Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) (vacatur)","publisher":"US Department of Justice, Executive Office for Immigration Review"}],"draft":false,"status":"published","tags":["asylum","Matter of A-B-","domestic violence","gang violence","credible fear","Jeff Sessions","refugees","first term"],"relatedEntries":["asylum-ban-proclamation-2018","asylum-ban-executive-order","family-separation-zero-tolerance"],"timeline":[{"date":"2018-03-07","title":"Sessions certifies the case to himself","summary":"The Attorney General directs the Board of Immigration Appeals to refer Matter of A-B- to him and invites briefing on whether victims of private criminal activity can form a particular social group (DOJ/EOIR)."},{"date":"2018-06-11","title":"Matter of A-B- decided","summary":"Sessions overrules A-R-C-G- and states that domestic-violence and gang-violence claims involving private actors will generally not qualify for asylum (DOJ/EOIR)."},{"date":"2018-12-17","title":"Credible-fear policies held unlawful and permanently enjoined","summary":"In Grace v. Whitaker, Judge Emmet G. Sullivan (D.D.C.) holds that, with two exceptions, the new credible-fear policies, including the 'general rule' against domestic- and gang-violence claims, are arbitrary, capricious and contrary to the immigration laws; vacates and permanently enjoins them; and orders deported plaintiffs returned for new interviews. The opinion was signed December 17 and filed December 19, 2018."},{"date":"2020-07-17","title":"D.C. Circuit affirms in part and reverses in part","summary":"In Grace v. Barr, the D.C. Circuit affirms the ruling against the 'condoned-or-completely-helpless' standard and the choice-of-law policy, but reverses on the circularity rule and the 'generally will not qualify' statements, finding no categorical rule against domestic- and gang-violence claims shown on the record."},{"date":"2021-06-16","title":"Garland vacates A-B-","summary":"Attorney General Garland vacates A-B- I and A-B- II and restores pre-2018 precedent pending rulemaking (DOJ/EOIR)."}],"custom":{"era":"first-term","posture":"judicial-finding","internationalLaw":[{"statute":"1967 Protocol relating to the Status of Refugees (incorporating 1951 Convention Arts. 2–34)","article":"Article 1A(2) (refugee definition) and Article 33 (non-refoulement)","provision":"Persecution on account of membership of a particular social group; no return to a territory where life or freedom would be threatened. The United States is a party to the Protocol."},{"statute":"Convention against Torture","article":"Article 3","provision":"No return to a state where there are substantial grounds to believe a person would be in danger of torture, including torture with the acquiescence of officials"},{"statute":"International Covenant on Civil and Political Rights","article":"Articles 2(3), 6 and 7","provision":"Right to life, freedom from cruel treatment, and an effective remedy, which include protection against return to such harm"}],"iccRelevance":false,"victims":"Asylum seekers, overwhelmingly women and people from Central America, fleeing domestic violence or gang violence by private actors whom their governments did not control, who were screened out at the border or denied asylum under the decision. The sources fetched do not give a count of people affected or removed.","perpetrators":"Attorney General Jeff Sessions (decision); DHS and USCIS (application in credible-fear screening)","structuredPerpetrators":[{"name":"Jeff Sessions","role":"Attorney General; decided Matter of A-B-","institution":"Department of Justice"}],"keyPoints":["Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), was decided by Attorney General Sessions on June 11, 2018 after he certified the case to himself (DOJ/EOIR).","Its first holding: 'Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision' (DOJ/EOIR).","The opinion states: 'Generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum' (DOJ/EOIR).","It required applicants persecuted by private actors to show the government 'condoned the private actions or demonstrated an inability to protect the victims', and directed adjudicators to consider internal relocation before granting asylum (DOJ/EOIR).","In Grace v. Whitaker, 344 F. Supp. 3d 96 (D.D.C. 2018), Judge Emmet G. Sullivan held that, 'with the exception of two policies, the new credible fear policies are arbitrary, capricious, and in violation of the immigration laws,' vacated them, permanently enjoined their use, and ordered the government to return plaintiffs who had been 'unlawfully deported' for new credible-fear determinations (opinion signed December 17, filed December 19, 2018).","In Grace v. Barr, 965 F.3d 883 (D.C. Cir. July 17, 2020), the court of appeals held the 'condoned-or-completely-helpless' standard and the choice-of-law policy arbitrary and capricious and affirmed on those points. It reversed on the circularity rule and on the statements that domestic- and gang-violence claims will 'generally' not qualify, finding that 'the record in this case does not support the asylum seekers' argument that USCIS and the Attorney General have erected a rule against asylum claims involving allegations of domestic and/or gang violence.'","On June 16, 2021 Attorney General Garland vacated A-B- 'in their entirety' and told immigration judges to follow pre-A-B- precedent, including A-R-C-G- (Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021))."],"searchAliases":["Matter of A-B-","A-B- asylum","Grace v. Whitaker","Grace v. Barr","domestic violence asylum"],"legalBasis":"INA §101(a)(42) and §208 (asylum; particular social group); 8 C.F.R. §1003.1(h) (Attorney General certification); assessed against the 1967 Refugee Protocol's refugee definition and Article 33 non-refoulement, CAT Article 3 and ICCPR Articles 6, 7 and 2(3).","postureNote":"The decision is a published precedent. The district court in Grace v. Whitaker (December 2018) held most of the credible-fear policies implementing it unlawful and permanently enjoined them. The D.C. Circuit (Grace v. Barr, July 17, 2020) affirmed as to the 'condoned-or-completely-helpless' standard and the choice-of-law policy, and reversed as to the circularity rule and the 'generally will not qualify' statements. The decision itself was vacated in June 2021. Holdings are taken from the opinions as published on govinfo.gov.","relatedIncidents":["asylum-ban-proclamation-2018","asylum-ban-executive-order","family-separation-zero-tolerance"]}}