Matter of L-E-A- (agency decision, December 3, 2018)

Plain-English summary

The Acting Attorney General directed the Board of Immigration Appeals to refer a respondent's case for review. The order asked the parties and interested amici to brief whether an alien may establish persecution based on membership in a particular social group defined by a family unit. It also set word limits, filing deadlines, and filing instructions. The order did not decide the asylum-law question or resolve the respondent's underlying claim.

Decision snapshot

• Cited authorities: 8 U.S.C. § 1101(a)(42)(A); 8 C.F.R. § 1003.1(h)(1)(i)
• Outcome: The case was referred to the Attorney General for review, briefing was ordered, and no merits issue was resolved in this order.
• Key point: The order framed a family-based particular-social-group question for Attorney General review without deciding the respondent's asylum claim.

Full text (BIA official public release)

Cite as 27 I&N Dec. 494 (A.G. 2018) Interim Decision #3946

                   Matter of L-E-A-, Respondent
       Decided by Acting Attorney General December 3, 2018

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


       BEFORE THE ACTING 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 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, an alien may establish persecution on account of membership in a “particular social group” under 8 U.S.C.
§ 1101(a)(42)(A) based on the alien’s membership in a family unit.

The parties’ briefs shall not exceed 15,000 words and shall be filed on or

before January 4, 2019. Interested amici may submit briefs not exceeding 9,000 words on or before January 18, 2019. The parties may submit reply briefs not exceeding 6,000 words on or before January 18, 2019. 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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