Matter of A-B-, Respondent (agency decision, March 7, 2018)

Plain-English summary

The Attorney General referred the Board’s decision in a removal case for review of whether being a victim of private criminal activity can constitute a cognizable particular social group. That question affects applications for asylum and withholding of removal. The referral stayed the Board’s decision while the Attorney General considered the issue. The order invited briefing from the parties and interested amici and set deadlines for opening and reply briefs.

Decision snapshot

• Cited authority: 8 C.F.R. § 1003.1(h)(1)(i)
• Outcome: The Attorney General referred the Board’s decision for review and stayed the case pending review.
• Key point: The order asks when victims of private criminal activity may constitute a particular social group for asylum or withholding claims.

Full text (BIA official public release)

Cite as 27 I&N Dec. 227 (A.G. 2018) Interim Decision #3918

                      Matter of A-B-, Respondent
              Decided by Attorney General March 7, 2018

                        U.S. Department of Justice
                       Office of the Attorney General

The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes of an application for asylum and withholding of removal, ordering that the case be stayed during the pendency of his review.

               BEFORE THE ATTORNEY GENERAL
Pursuant to 8 C.F.R. § 1003.l(h)(l)(i) (2017), I direct the Board of

Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of this case, including:

  Whether, and under what circumstances, being a victim of private criminal activity
  constitutes a cognizable “particular social group” for purposes of an application for
  asylum or withholding of removal.

The parties’ briefs shall not exceed 15,000 words and shall be filed on or before April 6, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before April 13, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before April 20, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to [email protected], and in triplicate to:

                   United States Department of Justice
               Office of the Attorney General, Room 5114
                     950 Pennsylvania Avenue, NW
                          Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

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