Domestic Violence / Gender-Based Claims

21 I&N Dec. 357 (BIA 1996) · 1996

Recognized 'young women of the Tchamba-Kunsuntu Tribe who have not had FGM, as practiced by that tribe, and who oppose the practice' as a cognizable PSG, granting asylum based on fear of female genital mutilation.

First BIA decision to grant asylum based on FGM. Established that women subjected to culturally specific violence can form a PSG.

26 I&N Dec. 388 (BIA 2014) · 2014

Recognized 'married women in Guatemala who are unable to leave their relationship' as a cognizable PSG under certain factual circumstances, opening a pathway for domestic violence asylum claims.

Landmark domestic violence decision. Overruled by A-B- 2018 (A.G. Sessions). Restored by A-B- 2021 (A.G. Garland). Overruled again by Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. 2025), which reinstated A-B- 2018 as controlling law.

27 I&N Dec. 316 (A.G. 2018) · 2018

Held that claims by aliens who suffer domestic violence or gang violence generally will not qualify for asylum; overruled Matter of A-R-C-G- and raised significant barriers to domestic violence and gang-based PSG claims.

Issued by A.G. Sessions. Vacated by A.G. Garland in A-B-, 28 I&N Dec. 307 (A.G. 2021). Reinstated as controlling law by Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. 2025).

28 I&N Dec. 307 (A.G. 2021) · 2021

Vacated Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) in its entirety; restored Matter of A-R-C-G- as binding precedent and removed restrictions on domestic violence and gang-based asylum claims.

Issued by A.G. Garland. Overruled by Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. 2025), which reinstated A-B- 2018 as controlling law and also overruled A-R-C-G-.

29 I&N Dec. 207 (A.G. 2025) · 2025

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). By extension, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), and any decision issued in reliance thereupon, is also overruled.

Landmark 2025 A.G. decision reinstating the A-B- 2018 restrictions on domestic violence and gang-based claims and overruling A-R-C-G-. Current controlling framework for these claims.

29 I&N Dec. 621 (BIA 2026) · 2026

(1) The proposed PSG 'married Mexican women who are unable to leave their relationship' is not cognizable 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.

Post-S-S-F-M- decision further narrowing domestic violence PSG formulations. Circular definitions — where the harm defines the group — remain per se non-cognizable.