Attorney General Vacatur of Matter of A-C-A-A- I (Matter of A-C-A-A- II)

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

Operative dateJuly 26, 2021

CategoryAsylum or protection

Policy toolLegal interpretation

Policy effect

Vacated Matter of A-C-A-A- I, restoring the Board of Immigration Appeals' longstanding review practices in asylum adjudications, including case-by-case discretion to accept party stipulations and focus review only on contested elements rather than requiring de novo review of all statutory elements. Phase scope: Applies to all pending and future asylum adjudications before EOIR.

Conditions and exceptions

Validated condition or limit: Vacated Matter of A-C-A-A- I, restoring the Board of Immigration Appeals' longstanding review practices in asylum adjudications, including case-by-case discretion to accept party stipulations and focus review only on contested elements rather than requiring de novo review of all statutory elements.; Phase scope: Applies to all pending and future asylum adjudications before EOIR.

Official source excerpt

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

Cite as 28 I&N Dec. 351 (A.G. 2021) Interim Decision #4024 Matter of A-C-A-A-, Respondent Decided by Attorney General July 26, 2021 U.S. Department of Justice Office of the Attorney General (1) Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (“A-C-A-A- I”), is vacated in its entirety. Immigration judges and the Board should no longer follow A-C-A-A- I in pending or future cases and should conduct proceedings consistent with this opinion and the opinions in Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021) (“L-E-A- III”), and Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) (“A-B- III”). (2) The Board’s … longstanding review practices that A-C-A-A- I apparently prohibited, including its case-by-case discretion to rely on immigration court stipulations, are restored. BEFORE THE ATTORNEY GENERAL Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for my review. With the case thus referred, I hereby vacate Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (“A-C-A-A- I”). I recently vacated three of my predecessors’ decisions addressing asylum claims based on domestic or gang violence because those decisions attempted to answer the same … -A-A- I, 28 I&N Dec. at 88–89. I am therefore vacating the prior decision in its entirety to return these matters to the Board’s traditional case-by-case discretion. 352 Cite as 28 I&N Dec. 351 (A.G. 2021) Interim Decision #4024 Accordingly, I hereby vacate the decision in A-C-A-A- I and instruct that immigration judges and the Board should no longer follow A-C-A-A- I in pending or future cases. I remand this matter to the Board for further proceedings consistent with this opinion, and with the opinions in A-B- III and L-E-A- III. 353 …

justice.govMatter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021), Interim Decision #4024Open official source

Retrieved from https://justice.gov/eoir/page/file/1415401/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 fcp5-d338da798a057c678f92. Something wrong? Flag this record.

Attorney General Vacatur of Matter of A-C-A-A- I (Matter of A-C-A-A- II)

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2021