Matter of C-I-G-M- & L-V-S-G-
29 I&N Dec. 291 (BIA 2025)
2025
Holding
(1) If DHS claims an asylum cooperative agreement bars an applicant from seeking asylum, the IJ must determine whether the safe third country bar applies prior to and separate from considering asylum eligibility. (2) A respondent subject to an ACA bears the burden by a preponderance of the evidence to show she will more likely than not be persecuted on a protected ground or tortured in the ACA country to avoid application of the bar.
Practitioner Note
Foundational BIA decision establishing the procedural framework for ACA-based safe third country bar litigation.
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 Case law changes — confirm this decision has not been overruled, limited, or superseded.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.