Matter of R-B-E-
29 I&N Dec. 499 (BIA 2026)
2026
Holding
(1) Past persecution creates a presumption of future threat to life or freedom on the basis of the original claim, which may be rebutted by a fundamental change in circumstances. (2) An IJ cannot rely on generalized crime and widespread violence unrelated to the original claim to find the presumption rebutted, particularly where other evidence suggests a fundamental change such that the respondent will no longer be harmed on a protected ground.
Practitioner Note
Rebuttal of the past-persecution presumption must be targeted: generalized crime or violence in the home country is not sufficient — the government must show the specific threat on the protected ground has dissipated.
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 Case law changes — confirm this decision has not been overruled, limited, or superseded.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.