Test.
BIA & AG Precedents Since January 2025
Updated May 2026This table contains immigration decisions rendered by the Board of Immigration Appeals (BIA) or the Attorney General (AG) during the Second Trump Administration (i.e., since January 20, 2025).
- BIA decisions designated for publication as precedents by the Attorney General are marked with a "D" in the "By" column. For more information, see IPTP entry #2072.
- Topics/relief: Quick reference only; may not capture every topic or relief discussed.
- Selected Judicial Decisions: Lists only selected federal court decisions; not exhaustive.
- Notes/commentary: Lists some relevant commentary. Citation does not constitute endorsement.
- Users may also find information on a chart of decisions posted by the National Immigration Project.
| # | Case Name | Citation | Year | By | BIA ID | Headnotes | Topics / Relief | Judicial Decisions | Notes / Commentary |
|---|---|---|---|---|---|---|---|---|---|
| 108 | V-A-B- | 29 I&N Dec. 621 | 2026 | BIA | 4192 | (1) The proposed particular social group defined as "married Mexican women who are unable to leave their relationship" is not cognizable under the INA because it is circularly defined and lacks particularity. (2) The existence of a lawful marriage cannot be presumed simply because two persons are cohabitating or have children in common. | asylumPSG | Practitioner commentary. | |
| 107 | C-P-Y- | 29 I&N Dec. 610 | 2026 | BIA | 4191 | The words "arrival" and "arrived" in the serious nonpolitical crime bar provisions at sections 208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) of the INA refer to the alien's most recent arrival in the United States. | arrival | Practitioner commentary. Practitioner commentary. | |
| 106 | J-E-L- | 29 I&N Dec. 605 | 2026 | BIA | 4190 | Respondent did not establish a claim for CAT protection because he did not show a clear probability of harm rising to the level of torture by gang or cartel members in Mexico, and did not establish the requisite state action for government acquiescence to torture. | CAT | Respondent was pro se. | |
| 105 | Orozco Becerra & Orozco Becerra | 29 I&N Dec. 600 | 2026 | BIA | 4189 | When respondents, including minor respondents, fail to appear and DHS has established proper notice and removability, the IJ lacks authority to administratively close proceedings and must proceed in absentia under INA § 240(b)(5)(A). | in absentiaminorsadmin closure | Respondent was pro se. Practitioner commentary. | |
| 104 | Shentu | 29 I&N Dec. 595 | 2026 | BIA | 4188 | An FBI Letterhead Memorandum indicating that the respondent is a potential national security risk warrants significant weight in bond proceedings. | bond | Respondent was pro se. | |
| 103 | Arana Castillo et al. | 29 I&N Dec. 593 | 2026 | BIA *D | 4187 | Where respondents appear at an initial master calendar hearing but DHS does not, the IJ errs in terminating proceedings without taking respondents' pleadings to the notices to appear. | termination | Respondent was pro se. Practitioner commentary. | |
| 102 | Santiago-Santiago | 29 I&N Dec. 589 | 2026 | BIA | 4186 | The IJ erred in terminating removal proceedings based solely on the fact that the respondent has been accorded DACA without considering the reasons for any opposition to termination. | terminationDACA | ILW.com commentary. Practitioner commentary. | |
| 101 | E-N-N- | 29 I&N Dec. 586 | 2026 | BIA *D | 4185 | (1) The IJ clearly erred in finding the respondent credible without addressing inconsistencies and implausibilities in the record. (2) The IJ's conclusory statement that there is a pattern or practice of persecution against Anglophones in Cameroon was not supported by record evidence. | asylumcredibility | Practitioner commentary. | |
| 100 | R-A-U- | 29 I&N Dec. 582 | 2026 | BIA *D | 4184 | Based on inconsistencies and omissions in the record, the IJ clearly erred in concluding the applicant presented a credible claim for asylum. | asylumcredibility | ||
| 99 | D-G-E-A- & N-G-G-E- | 29 I&N Dec. 570 | 2026 | BIA | 4183 | (1) Disapproval of or opposition to criminal gangs is not sufficient to establish a political opinion under the INA. (2) To establish a political opinion, an alien must have an actual or imputed belief or conviction regarding a discrete cause tied to a government. | asylumgangspolitical opinion | Practitioner commentary. | |
| 98 | M-K- | 29 I&N Dec. 556 | 2026 | BIA | 4182 | (1) Secretary of State's letter that respondent's presence would have serious adverse foreign policy consequences is presumptive evidence of removability under INA § 237(a)(4)(C)(i). (2) Failure to disclose involvement with UNRWA on Form I-485 constitutes a material misrepresentation. (3) IJ properly denied waiver under INA § 237(a)(1)(H) given negative factors. | foreign policymisrepresentationwaiver | ||
| 97 | A-M-Z-F- | 29 I&N Dec. 551 | 2026 | BIA | 4181 | Parties in Immigration Court have no right to give a closing argument unless they demonstrate that denial would constitute a due process violation. | courtroom practice | Practitioner commentary. Practitioner commentary. | |
| 96 | Bolivar-Bolivar | 29 I&N Dec. 548 | 2026 | BIA | 4180 | Where the respondent is charged with being unlawfully present, neither party appears, and there is evidence of alienage, the IJ errs in terminating proceedings rather than proceeding with an in absentia hearing. | terminationin absentia | Respondent was pro se. Practitioner commentary. | |
| 95 | Pelagio Mendoza | 29 I&N Dec. 542 | 2026 | BIA | 4179 | A respondent's or qualifying relative's testimony about a medical or mental health condition will generally be insufficient to establish exceptional and extremely unusual hardship where expert testimony, reports, or medical evidence exist and could reasonably have been produced. | cancellationEEUH | Respondent was pro se. Practitioner commentary. Practitioner commentary. | |
| 94 | Valenzuela Gallardo | 29 I&N Dec. 536 | 2026 | BIA | 4178 | (1) "An offense relating to obstruction of justice" under INA § 101(a)(43)(S) is a specific intent offense. Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012), reaffirmed. (2) A conviction for accessory to a felony under Cal. Penal Code § 32 with imprisonment ≥ 1 year categorically qualifies. | crime / conviction | Respondent was pro se. | |
| 93 | Lopez-Orellana | 29 I&N Dec. 533 | 2026 | BIA | 4177 | (1) An objection to a noncompliant NTA is the respondent's to raise and is forfeited if not timely raised. (2) If the IJ is satisfied that the respondent is removable and received adequate notice despite the noncompliant NTA, the IJ should proceed in absentia rather than terminate. | NTAin absentia | Respondent was pro se. | |
| 92 | Mercado-Martinez | 29 I&N Dec. 529 | 2026 | BIA | 4176 | Where an IJ finds that a Form I-213 is unreliable and insufficient to establish alienage, he or she must point to specific evidence sufficient to rebut the presumption of reliability. | NTA | ||
| 91 | Z-R-C-N- | 29 I&N Dec. 523 | 2026 | BIA | 4175 | (1) A respondent cannot succeed on ineffective assistance of counsel where the individual hired was not an attorney and did not hold himself out to be one. (2) Minor respondents' eligibility for adjustment based on approved SIJS petition is speculative given a 4-year delay in visa availability. | ineffective assist.minors | ILW.com commentary. | |
| 90 | Arevalo-Vargas | 29 I&N Dec. 519 | 2026 | BIA *D | 4174 | (1) Respondent's children are no longer qualifying relatives for cancellation because they have aged out (now over 21). (2) Respondent has not demonstrated that economic detriment, diminished educational opportunities, and emotional hardship would constitute EEUH. | cancellationEEUHqualifying relative | ||
| 89 | Medina Madrid | 29 I&N Dec. 514 | 2026 | BIA | 4173 | Where proceedings have been administratively closed for over 13 years, continued administrative closure is not warranted based on respondent's intention to apply for a provisional unlawful presence waiver with USCIS. | admin closurewaiver | Respondent was pro se. ILW.com commentary. CLINIC commentary. | |
| 88 | Z-N-L- | 29 I&N Dec. 511 | 2026 | BIA | 4172 | Discrepancies regarding whether the respondent resides in Oklahoma or California, considered in totality of the circumstances, demonstrate that the respondent is a flight risk. Matter of Akhmedov, 29 I&N Dec. 166 (BIA 2025), followed. | bond | ILW.com commentary. | |
| 87 | Pinzon Rozo | 29 I&N Dec. 507 | 2026 | BIA | 4171 | The IJ erred in granting the respondent, who has an approved SIJS petition, a continuance to await visa availability, where the respondent's priority date will not be current for an uncertain and lengthy period of time. | SIJminorscontinuance | ILW.com commentary. | |
| 86 | R-B-E- | 29 I&N Dec. 499 | 2026 | BIA | 4170 | (1) Demonstrated past persecution creates a presumption of future threat, rebuttable by fundamental change in circumstances. (2) An IJ cannot rely on generalized crime and widespread violence to rebut the presumption. (3) Respondent's conviction for Conspiracy to Commit Access Device Fraud constitutes a particularly serious crime. | asylumcrime / conviction | ||
| 85 | Texperts, Inc. | 29 I&N Dec. 491 | 2026 | AAO | 4169 | (1) While a visa petition may not be denied on the merits following a withdrawal, an officer is permitted to make findings of fact relevant to future benefit requests, including findings regarding fraud. Matter of Cintron, 16 I&N Dec. 9 (BIA 1976), distinguished. (2) The Director must provide specific reasons supported by evidence to make a finding of fraud. | visa petition | ILW.com commentary. Practitioner commentary. | |
| 84 | D-J-L- | 29 I&N Dec. 485 | 2026 | BIA | 4168 | Where an expert witness reflects a reluctance to consider contrary evidence and an inability to impartially assess matters involving removal to a given country, an IJ errs in giving the testimony significant weight. | expert witness | Practitioner commentary. | |
| 83 | Ibarra-Vega | 29 I&N Dec. 476 | 2026 | BIA | 4167 | (1) When a U visa is not immediately available and not likely to be available in the reasonably near future, administrative closure over DHS's objection is inappropriate. (2) The "reasonably short period" standard from B-N-K- applies to both initial closure and recalendaring decisions. (3) Administrative closure cannot serve as de facto extra-statutory relief granting amnesty. | admin closureU visa | CLINIC commentary. ASISTA commentary. Practitioner commentary. | |
| 82 | Forjoe | 29 I&N Dec. 463 | 2026 | BIA | 4166 | The phrase "at the time of admission" in INA § 237(a)(1)(H) refers to lawful entry after inspection by an immigration officer; fraud at the time of adjustment of status cannot be waived under this provision. Matter of Agour, 26 I&N Dec. 566 (BIA 2015), overruled. | waivermisrepresentationadjustment | CLINIC commentary. Practitioner commentary. | |
| 81 | F-B-A- | 29 I&N Dec. 456 | 2026 | BIA | 4165 | (1) The unique barriers to reporting harm faced by children do not apply to adults, including adults who suffered harm as children. Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023), clarified. (2) IJ's finding that respondent could not reasonably relocate to avoid persecution in Russia was clearly erroneous given the country's size and insufficient evidence of continued interest. | asylumminorsinternal relocation | Practitioner commentary. Practitioner commentary. | |
| 80 | L-S-C-R- | 29 I&N Dec. 451 | 2026 | BIA | 4164 | (1) A background check remand is limited to consideration of those results. Matter of M-D-, 24 I&N Dec. 138 (BIA 2007), clarified. (2) If a respondent seeks a new or different form of relief, they must file a separate motion to reopen with the Immigration Court. | background checksmotion to reopennew relief | Practitioner commentary. | |
| 79 | Jin | 29 I&N Dec. 441 | 2026 | BIA | 4163 | Based on the petitioner's extensive allegations and evidence of marriage fraud, the record is returned to USCIS to further consider the visa petition and take action as warranted. | visa petitionmarriage fraud | Appeal taken on certification. CLINIC commentary. Practitioner commentary. | |
| 78 | Yadav | 29 I&N Dec. 438 | 2026 | BIA | 4162 | A respondent's valid marriage to a U.S. citizen entered into after a removal order does not constitute an exceptional situation warranting sua sponte reopening of removal proceedings. | motion to reopen | Practitioner commentary. | |
| 77 | G-M-I- | 29 I&N Dec. 431 | 2026 | BIA | 4161 | The relevance and reliability of an expert witness' opinions are significantly undercut when those opinions are informed by anecdotal or inaccurate facts or data. | expert witness | ||
| 76 | E-A-S-O- | 29 I&N Dec. 422 | 2026 | BIA | 4160 | The Matter of N-A-M- framework is the proper rubric for determining whether a crime is particularly serious, and there is no presumption that a single misdemeanor conviction is not for a particularly serious crime. Matter of Juarez, 19 I&N Dec. 664 (BIA 1988), overruled. | crime / conviction | ||
| 75 | Laurent Castro | 29 I&N Dec. 419 | 2026 | BIA *D | 4159 | Where the respondent did not appear, was properly served with notice, and DHS provided evidence of removability, the IJ erred in continuing proceedings rather than entering an in absentia removal order. | in absentiacontinuance | Respondent was pro se. Practitioner commentary. | |
| 74 | S-M-H- | 29 I&N Dec. 412 | 2026 | BIA | 4158 | Written warnings on the respondent's initial asylum application provided statutorily compliant notice of the consequences of filing a frivolous application, regardless of the absence of oral warnings. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), clarified. | asylumfrivolousness | ||
| 73 | M-C-C- | 29 I&N Dec. 401 | 2026 | BIA *D | 4157 | (1) Respondent willfully misrepresented a material fact by omitting reference to his military service during the Bosnian War on his refugee application. (2) Respondent did not warrant a discretionary fraud waiver under INA § 237(a)(1)(H) based on repeated misrepresentations and lack of remorse. | misrepresentationwaiver | ||
| 72 | D-G-B-L- | 29 I&N Dec. 392 | 2026 | BIA | 4156 | The serious nonpolitical crime bar to asylum and withholding of removal does not include a duress exception. | asylumduress | Practitioner commentary. | |
| 71 | Laparra-Deleon | 29 I&N Dec. 389 | 2026 | BIA *D | 4155 | Matter of Laparra, 28 I&N Dec. 425 (BIA 2022), which held that service of a compliant notice of hearing is sufficient written notice for an in absentia order even with a noncompliant NTA, is reinstated in the First Circuit and is good law in any circuit without contrary precedent. | NTAin absentia | ||
| 70 | E-M-F-S- | 29 I&N Dec. 379 | 2026 | BIA | 4154 | Death threats alone rarely rise to the level of persecution and only do so if they are objectively credible and issued by a person or persons with the immediate ability to carry them out. | asylum | ||
| 69 | Ghanbari | 29 I&N Dec. 376 | 2025 | BIA *D | 4153 | The IJ erred in determining that the respondent did not provide material support to a terrorist organization and was not subject to mandatory detention under INA § 236(c)(1)(D). | detentionmaterial support | ||
| 68 | Tepec-Garcia | 29 I&N Dec. 371 | 2025 | BIA | 4152 | Where neither the respondent nor DHS appears and DHS does not present evidence of removability in advance, the IJ does not err in terminating proceedings without prejudice. | termination | Practitioner commentary. | |
| 67 | L-T-A- | 29 I&N Dec. 362 | 2025 | BIA | 4151 | Evidence that a respondent had a legal right to enter, live, work, and own property indefinitely in the country of proposed resettlement demonstrates that the respondent was offered "some other type of permanent resettlement" for purposes of the firm resettlement bar. | resettlement | Practitioner commentary. | |
| 66 | Rodriguez Pena | 29 I&N Dec. 358 | 2025 | BIA *D | 4150 | The IJ erred in concluding the respondent is not a danger to the community where the respondent threatened to kill someone, reacted negatively to law enforcement, and used an alias to evade arrest. | bond | Respondent was pro se. | |
| 65 | Palma-Olvera | 29 I&N Dec. 355 | 2025 | BIA *D | 4149 | The IJ erred in determining that the respondent, who had two DWI convictions, had overcome the presumption of lacking good moral character based on care for his son and employment history. | cancellationGMC | Respondent was pro se. | |
| 64 | Lema Mizhirumbay | 29 I&N Dec. 351 | 2025 | BIA *D | 4148 | Respondent's repeated violations of workplace safety regulations, resulting in the death of two employees, are significant adverse factors weighing against a favorable exercise of discretion for cancellation of removal. | cancellation | ||
| 63 | N-P-A- | 29 I&N Dec. 347 | 2025 | BIA *D | 4147 | Respondent did not establish a well-founded fear of persecution based on a pretextual summons for political activity and country conditions, particularly where a similar summons did not result in harm to respondent's son and respondent lived for years in Moldova without harm. | asylum | ||
| 62 | L-A-G-B- | 29 I&N Dec. 343 | 2025 | BIA *D | 4146 | The IJ's predictive factual findings based on a series of suppositions regarding the harm the respondent would likely suffer in Panama are clearly erroneous and do not support a grant of CAT protection. | CAT | ||
| 61 | Kim | 29 I&N Dec. 339 | 2025 | BIA *D | 4145 | The IJ erred in determining that the respondent, who engaged in systemic criminal fraud for decades, warranted a favorable exercise of discretion for cancellation based on his recent expressed remorse and rehabilitative efforts while in prison. | cancellation | Respondent was pro se. | |
| 60 | Dubon Miranda | 29 I&N Dec. 335 | 2025 | BIA *D | 4144 | Given respondent's inappropriate behavior with his stepdaughter, DUI and disturbing the peace convictions, and lack of explanatory information, respondent has not satisfied his burden of demonstrating he is not a danger to the community. | bond | ||
| 59 | J-C-A-G- | 29 I&N Dec. 331 | 2025 | BIA *D | 4143 | The applicant, who cooperated with U.S. law enforcement against the cartel, did not demonstrate a clear probability of torture where his fear is based on unsubstantiated statements from a coconspirator and generalized evidence of cartel violence. | CAT | ||
| 58 | Jimenez-Ayala | 29 I&N Dec. 325 | 2025 | BIA *D | 4142 | Respondent's criminal history of drug use and exposure of her children to drugs outweigh the favorable factors, including claimed remorse and intention to avoid drug use, and warrant a discretionary denial of cancellation of removal. | cancellation | ||
| 57 | W-F- | 29 I&N Dec. 319 | 2025 | BIA *D | 4141 | The IJ erred in granting the respondent deferral of removal under CAT where the record contained only anecdotal reports of bribery in Haitian prisons and generalized violence by gangs against travelers or outsiders. | CAT | ||
| 56 | B-S-H- | 29 I&N Dec. 313 | 2025 | BIA | 4140 | Under the plain language of INA § 240(c)(7)(C)(iv)(III), the extraordinary circumstances or extreme hardship waiver for motions to reopen applies only to temporal limitations for VAWA filings, not to the numerical limitation on such motions. | VAWAwaivermotion to reopen | ||
| 55 | K-S-H- | 29 I&N Dec. 307 | 2025 | BIA | 4139 | A single attempt to report an incident of harm by private actors to local police, without further harm from the police or evidence of widespread collusion with alleged persecutors, does not establish that the government is unable or unwilling to protect the respondent. | asylum | ||
| 54 | Cahuec Tzalam | 29 I&N Dec. 300 | 2025 | BIA | 4138 | Given the respondent's failure to submit evidence of prima facie eligibility for SIJS and the extended delay in visa availability, the IJ erred in granting administrative closure. | SIJminorsadmin closure | Respondent was pro se. CLINIC commentary. Practitioner commentary. | |
| 53 | C-I-G-M- & L-V-S-G- | 29 I&N Dec. 291 | 2025 | BIA | 4137 | (1) If DHS claims an asylum cooperative agreement bars an asylum application, the IJ should determine whether the safe third country bar applies separately. (2) A respondent subject to an ACA has the burden to establish by a preponderance that he or she will more likely than not be persecuted or tortured in the relevant third country. | asylumCATACAs | Practitioner commentary. | |
| 52 | J-A-N-M- | 29 I&N Dec. 287 | 2025 | BIA | 4136 | Discretionary termination of an applicant's withholding-only proceedings is prohibited by 8 C.F.R. § 1208.2(c)(3)(i) (2025). | terminationwithholding-only | Respondent was pro se. Practitioner commentary. | |
| 51 | Negusie | 29 I&N Dec. 285 | 2025 | AG | 4135 | The stay of the Board's March 16, 2021 order is vacated. Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020), which held that the bar to asylum eligibility for aliens who engaged in persecution lacks a duress exception, is now the operative opinion. | asylumduress | IPTP entry #2028. Practitioner commentary. | |
| 50 | J-H-M-H- | 29 I&N Dec. 278 | 2025 | BIA | 4134 | In making findings of fact and conclusions of law, Immigration Judges exercise independent judgment and are not required to accept party stipulations. | courtroom practicestipulations | AILA commentary. Practitioner commentary. Practitioner commentary. | |
| 49 | L-A-L-T- | 29 I&N Dec. 269 | 2025 | BIA | 4133 | (1) Perceived or imputed membership in a PSG will only satisfy PSG requirements if the underlying group is itself cognizable. (2) The proposed PSG "perceived Salvadoran gang members" is not cognizable. Matter of E-A-G-, 24 I&N Dec. 591 (BIA 2008), reaffirmed. | asylumPSGgangs | CLINIC commentary. | |
| 48 | Cotrufo | 29 I&N Dec. 264 | 2025 | BIA *D | 4132 | Respondent's recent convictions involving unlawful sexual conduct with a minor, combined with the probation officer's sentencing report, show that the respondent is a danger to the community. | bondcrime / conviction | ||
| 47 | Frias Ulloa | 29 I&N Dec. 259 | 2025 | BIA *D | 4131 | N.J. Stat. Ann. § 2C:35-5(b)(4) is divisible by controlled substance; applying the modified categorical approach, the record identifies the relevant substance as fentanyl, a federally controlled substance. Matter of Laguerre, 28 I&N Dec. 437 (BIA 2022), followed. | crime / conviction | ||
| 46 | J-A- | 29 I&N Dec. 253 | 2025 | BIA *D | 4130 | Evidence that the Uzbek government is pursuing terrorist charges, that respondent will be detained upon removal, and that there are isolated incidents of torture does not establish more-likely-than-not torture where there is insufficient evidence of prosecution for illegitimate reasons. | CAT | ||
| 45 | McDonald | 29 I&N Dec. 249 | 2025 | BIA *D | 4129 | Respondent's convictions for endangering the welfare of a child, combined with conduct described in the charging document and the victim's statement, demonstrate that the respondent does not warrant a favorable exercise of discretion. | cancellationcrime / conviction | ||
| 44 | Landers | 29 I&N Dec. 240 | 2025 | BIA | 4128 | Circumstantial evidence of similarities in allegedly pro se filings and suspended counsel's involvement in mailing documents to Immigration Courts and DHS can constitute clear and convincing evidence that counsel practiced law in violation of a suspension order. | courtroom practicerepresentationattorney discipline | ||
| 43 | H-A-A-V- | 29 I&N Dec. 233 | 2025 | BIA | 4127 | If factual allegations underlying a claim for asylum, withholding, or CAT protection, viewed in the light most favorable to the respondent, do not establish prima facie eligibility, an IJ may pretermit the applications without a full evidentiary hearing. | pretermission | AILA commentary. Practitioner commentary. | |
| 42 | Garcia-Flores | 29 I&N Dec. 230 | 2025 | BIA *D | 4126 | In assessing whether the respondent warranted a favorable exercise of discretion, the IJ exceeded his authority by making an adverse credibility finding regarding the respondent's two child victims and in effect finding the respondent factually innocent of the crime. | cancellationcrime / conviction | Respondent was pro se. | |
| 41 | Yajure Hurtado | 29 I&N Dec. 216 | 2025 | BIA | 4125 | Based on the plain language of INA § 235(b)(2)(A), Immigration Judges lack authority to hear bond requests or to grant bond to aliens present in the United States without admission. | bond | CLINIC commentary. AIC commentary. Practitioner commentary. Practitioner commentary. | |
| 40 | Dobrotvorskii | 29 I&N Dec. 211 | 2025 | BIA | 4124 | (1) In bond proceedings, the existence of a valid, reliable, and credible sponsor is relevant to flight risk determination. (2) IJs may take into consideration all relevant and probative evidence, regardless of which party filed it, to determine custody factors. | bond | ||
| 39 | S-S-F-M- (decision) | 29 I&N Dec. 207 | 2025 | AG | 4123 | Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) is overruled. IJs and the Board shall adhere to Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) and 28 I&N Dec. 199 (A.G. 2021). By extension, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014) and any reliant decisions are also overruled. | asylumPSG | IPTP entry #1948. | |
| 38 | S-S-F-M- (referral) | 29 I&N Dec. 206 | 2025 | AG | 4122 | The Attorney General referred the decision of the Board of Immigration Appeals to herself for review. | [procedural] | NIJC commentary. | |
| 37 | R-E-R-M- & J-D-R-M- (decision) | 29 I&N Dec. 202 | 2025 | AG | 4121 | Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021) is overruled. IJs and the Board should adhere to the holding of Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) in all pending and future claims. | asylumPSG | IPTP entry #1949. NIJC commentary. | |
| 36 | R-E-R-M- & J-D-R-M- (referral) | 29 I&N Dec. 201 | 2025 | AG | 4120 | The Attorney General referred the decision of the Board of Immigration Appeals to herself for review. | [procedural] | ||
| 35 | J-A-F-S- | 29 I&N Dec. 195 | 2025 | BIA | 4119 | An IJ generally should not continue an individual hearing based on a respondent's speculative assertion that he or she may be eligible for a new form of relief not previously raised. | continuancesnew relief | ||
| 34 | O-Y-A-E- | 29 I&N Dec. 190 | 2025 | BIA *D | 4118 | Evidence of human rights abuses in Venezuela and past threats to the respondent do not establish an individualized risk of torture where the last threat occurred years before the respondent left the country and the respondent was otherwise unharmed following the threats. | CAT | ||
| 33 | Buri Mora | 29 I&N Dec. 186 | 2025 | BIA *D | 4117 | Respondent has not established the requisite EEUH based on economic detriment and family separation, particularly where qualifying relatives will remain in the United States and treatment for mental health conditions and developmental delays will not be affected by the respondent's removal. | cancellationEEUH | Practitioner commentary. Practitioner commentary. | |
| 32 | G-C-I- | 29 I&N Dec. 176 | 2025 | BIA | 4116 | (1) A respondent's nonresponsive and evasive testimony, including regarding corroboration, supports an adverse credibility determination. (2) A lack of corroboration may be an independent basis to find that a respondent has not met his burden of proof. | asylumcredibility | Practitioner commentary. | |
| 31 | Salas Pena | 29 I&N Dec. 173 | 2025 | BIA *D | 4115 | Respondent's recent arrest for trafficking in a large quantity of cocaine demonstrates that he is a danger to the community and does not warrant release on bond. | bondcrime / conviction | ||
| 30 | Garcia Martinez | 29 I&N Dec. 169 | 2025 | BIA | 4114 | (1) A non-detained alien represented by private counsel is presumed to have the ability to pay any requisite filing fee. (2) A fee waiver request from a non-detained adult alien that contains zeros in all income blocks is presumptively invalid. | courtroom practicefiling fees | CLINIC commentary. | |
| 29 | Akhmedov | 29 I&N Dec. 166 | 2025 | BIA *D | 4113 | Significant discrepancies regarding whether the respondent lives in New York or Michigan and past failure to file timely change of address notices, considered in the totality of the circumstances, demonstrate that the respondent is a flight risk. | bond | Practitioner commentary. | |
| 28 | Felix-Figueroa | 29 I&N Dec. 157 | 2025 | BIA | 4112 | (1) An IJ must apply the realistic probability test whenever a party asserts a state's controlled substance definition is broader than the federal definition. (2) Once DHS establishes a state drug conviction by clear and convincing evidence, the respondent bears the burden of demonstrating a realistic probability the state prosecutes substances outside the federal definition. | crime / conviction | Respondent was pro se. Practitioner commentary. | |
| 27 | K-E-S-G- | 29 I&N Dec. 145 | 2025 | BIA | 4111 | A particular social group defined by the alien's sex or sex and nationality, standing alone, is overbroad and insufficiently particular to be cognizable. | asylumPSG | AIC commentary. Practitioner commentary. | |
| 26 | C-M-M- | 29 I&N Dec. 141 | 2025 | BIA *D | 4110 | The applicant's extensive history of immigration violations, including multiple removals and illegal reentries, demonstrates that she poses a significant flight risk such that no monetary bond would be sufficient to ensure her appearance. | bond | ||
| 25 | S-S- | 29 I&N Dec. 136 | 2025 | BIA *D | 4109 | The IJ erred in concluding that the respondent would more likely than not be tortured in detention in Haiti where the IJ did not find that his detention would be long term and where the record did not establish that harsh conditions were specifically intended to torture. | CAT | CLINIC commentary. Practitioner commentary. | |
| 24 | Gonzalez Jimenez | 29 I&N Dec. 129 | 2025 | BIA | 4108 | (1) Use of false or stolen Social Security numbers and providing false information on tax returns are negative considerations for discretion. (2) When a respondent seeks to excuse conduct by claiming reliance on professional advice, the respondent should submit evidence of the specific advice given and explain why it was reasonable to rely on such advice. | cancellationmisrepresentationrepresentation | ||
| 23 | E-Z- | 29 I&N Dec. 123 | 2025 | BIA *D | 4107 | The IJ's predictive findings regarding the harm the respondent will suffer in Russia based on his travel to the United States and support for Ukraine were speculative; thus the IJ erred in granting CAT protection. | CAT | CLINIC commentary. | |
| 22 | A-A-F-V- | 29 I&N Dec. 118 | 2025 | BIA *D | 4106 | The applicant, a bisexual criminal deportee with visible gang tattoos, has not established an individualized risk of torture in detention in El Salvador. | CATgangs | Respondent was pro se. | |
| 21 | C-I-R-H- & H-S-V-R- | 29 I&N Dec. 114 | 2025 | BIA *D | 4105 | While explicit statements from persecutors regarding a protected ground are not required to establish nexus, there must be some showing of connection beyond speculation — the alleged harm cannot stem solely from statistical likelihoods or unfortunate coincidence. | asylum | ||
| 20 | Mayorga Ipina | 29 I&N Dec. 110 | 2025 | BIA | 4104 | Respondent's conviction for indecent exposure under Va. Code § 18.2-387 is for a crime involving moral turpitude because the requirement of an "obscene display or exposure" necessarily involves a lewd intent. Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013), reaffirmed. | crime / conviction | ||
| 19 | Roque-Izada | 29 I&N Dec. 106 | 2025 | BIA | 4103 | Termination of removal proceedings is not warranted to permit a respondent to seek adjustment of status under the Cuban Refugee Adjustment Act based on speculation that USCIS will grant the respondent parole under INA § 212(d)(5)(A). | terminationCuban adjustment | CLINIC commentary. Practitioner commentary. | |
| 18 | E-Y-F-G- | 29 I&N Dec. 103 | 2025 | BIA *D | 4102 | A grant of withholding of removal that is pending on appeal does not justify release on bond where the factors regarding flight risk weigh strongly against release. | bond | ||
| 17 | B-N-K- | 29 I&N Dec. 96 | 2025 | BIA | 4101 | (1) Whether there are persuasive reasons for a case to proceed and be resolved on the merits is the primary consideration in determining whether administrative closure is appropriate. Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017), reaffirmed. (2) A pending TPS application generally will not warrant administrative closure. | admin closureTPS | CLINIC commentary. | |
| 16 | Lopez-Ticas | 29 I&N Dec. 90 | 2025 | BIA | 4100 | The lack of time and place information on the NTA does not render untrue a respondent's admission to factual allegations or invalidate charges of removability, and therefore is not a proper basis for granting a motion to withdraw pleadings. | NTAtermination | Practitioner commentary. | |
| 15 | D-E-B- | 29 I&N Dec. 83 | 2025 | BIA *D | 4099 | A supplemental filing to a motion to reopen that raises claims fundamentally different from those raised in the original motion is treated as a separate motion. | courtroom practicemotion to reopen | ||
| 14 | N-N-B- | 29 I&N Dec. 79 | 2025 | BIA *D | 4098 | The IJ applied the wrong legal standard for CAT protection — determining the respondent "could be" subject to torture instead of that he would "more likely than not" be tortured. | CAT | ||
| 13 | Beltrand-Rodriguez | 29 I&N Dec. 76 | 2025 | BIA *D | 4097 | Respondent's release on bond would pose a danger to the community based on his dangerous behavior subjecting a person who was particularly vulnerable because of her age and familial relationship to the respondent to unlawful sexual conduct. | bond | ||
| 12 | Bain | 29 I&N Dec. 72 | 2025 | BIA *D | 4096 | Considering the recency and repeated nature of respondent's criminal history and the lack of a showing of rehabilitation, upon consideration of the totality of the record, he has not established that he warrants cancellation of removal as a matter of discretion. | cancellation | Respondent was pro se. Practitioner commentary. Practitioner commentary. | |
| 11 | Q. Li | 29 I&N Dec. 66 | 2025 | BIA | 4095 | (1) An applicant for admission arrested and detained without a warrant while arriving in the United States and placed in removal proceedings is detained under INA § 235(b) and is ineligible for release on bond under INA § 236(a). (2) An alien detained under § 235(b) whose parole is terminated is returned to custody under § 235(b). | bond | CLINIC commentary. Practitioner commentary. | |
| 10 | M-S-I- | 29 I&N Dec. 61 | 2025 | BIA *D | 4094 | The acquiescence standard for CAT protection differs from the unable-or-unwilling standard for asylum and withholding; the potential for private actor violence coupled with speculation that police cannot or will not help is insufficient to prove acquiescence. | CAT | ||
| 9 | F-B-G-M- & J-E-M-G- | 29 I&N Dec. 52 | 2025 | BIA *D | 4093 | (1) Electronic notification of a briefing schedule sent to the email address of record is sufficient notice regardless of whether the attorney opens the email or accesses the ECAS Case Portal. (2) A rebuttable presumption of delivery applies to ECAS notification, though weaker than the presumption for certified mail. | courtroom practicerepresentationservice | CLINIC commentary. | |
| 8 | Choc-Tut | 29 I&N Dec. 48 | 2025 | BIA *D | 4092 | While an IJ may consider a state court's dangerousness determination and bail amount from criminal proceedings, an IJ does not owe a state court custody order deference in immigration bond proceedings. | bondcrime / conviction | ||
| 7 | A-A-R- | 29 I&N Dec. 38 (amended) | 2025 | BIA | 4091 | Based on the facts and evidence, the applicant, a former MS-13 gang member, has not met his burden to show he will more likely than not be tortured in El Salvador based on the government's state of exception policy. | CATgangs | CLINIC commentary. Practitioner commentary. | |
| 6 | O-A-R-G- | 29 I&N Dec. 30 | 2025 | BIA | 4090 | (1) Where a PSG is defined by "former" status, IJs must ensure the persecutor's conduct was based on animus toward the respondent's membership in a group defined specifically by that former status, not retribution for conduct while a current member. (2) Acquiescence under CAT requires a greater degree of governmental complicity than is required for the unable-or-unwilling standard in asylum. | asylumCATPSG | CLINIC commentary. | |
| 5 | Iskandarani | 29 I&N Dec. 26 | 2025 | BIA | 4089 | When an IJ issues an oral decision, the 30-day appeal filing period is calculated from the date the decision is rendered and is unaffected by the subsequent mailing of a memorandum summarizing the oral decision. | courtroom practiceappeals | ||
| 4 | Dor | 29 I&N Dec. 20 | 2025 | BIA | 4088 | The time of conviction is the relevant point for determining whether a respondent's state conviction is for a controlled substance offense under INA § 237(a)(2)(B)(i), not the time removability is adjudicated in immigration proceedings. | crime / conviction | ||
| 3 | C-A-R-R- | 29 I&N Dec. 13 | 2025 | BIA | 4087 | (1) An IJ is not required to consider a Form I-589 on the merits if it is incomplete, and incomplete applications may be considered waived or abandoned, particularly where an opportunity to cure has been offered. (2) A Form I-589 is not incomplete solely because the respondent did not submit a declaration. Matter of Interiano-Rosa, 25 I&N Dec. 264 (BIA 2010), reaffirmed. | asylumcompleteness | CLINIC commentary. NILP commentary. Human Rights First commentary. Practitioner commentary. | |
| 2 | De Jesus Platon | 29 I&N Dec. 7 | 2025 | BIA *D | 4086 | The evidence of post-conviction relief under Cal. Penal Code § 1473.7 submitted in support of respondent's motion to remand does not demonstrate that his conviction was vacated for a procedural or substantive defect, rather than for rehabilitation or immigration hardship reasons. | crime / conviction | ||
| 1 | Baeza-Galindo | 29 I&N Dec. 1 | 2025 | BIA | 4085 | (1) Proximity in time is necessary but not sufficient to conclude that two crimes arise from a single scheme of criminal misconduct under INA § 237(a)(2)(A)(ii). Matter of Adetiba, 20 I&N Dec. 506 (BIA 1992), clarified. (2) Two crimes involving moral turpitude premised on separate turpitudinous acts with different objectives constitute separate schemes of criminal misconduct. | crime / convictionCIMT | Practitioner commentary. |
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