Matter of N-E-R-S-
BIA
29 I&N Dec. 753 (BIA 2026)
2026
Holding
DHS is not required to provide an implementing instrument showing the operating procedures for an asylum cooperative agreement or a complete set of operative terms in order to establish that an alien is subject to the ACA in the context of the safe third country bar.
Practitioner Note
DHS need not produce the underlying ACA treaty text or implementation procedures to invoke the bar. The government can establish ACA applicability through other means.
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 Case law changes — confirm this decision has not been overruled, limited, or superseded.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.