Matter of A-C-M-
BIA
29 I&N Dec. 703 (BIA 2026)
2026
Holding
When an alien is subject to an ACA and the record is devoid of evidence showing an individualized risk of harm in the ACA country of removal, it is generally unnecessary to hold an evidentiary hearing to resolve the applicability of the safe third country bar.
Practitioner Note
Respondents must affirmatively raise an individualized risk of harm in the ACA country to obtain an evidentiary hearing. Absent such a showing, the IJ may resolve the ACA bar on the papers.
This summary describes what the tribunal held. Always verify the citation and read the full decision before relying on it. Case law changes — confirm this decision has not been overruled, limited, or superseded. Not legal advice.