Family as PSG

27 I&N Dec. 40 (BIA 2017) · 2017

Recognized that an applicant's nuclear family may constitute a particular social group where the family is targeted as a unit, but family-based PSGs must still satisfy particularity and social distinction.

A.G. narrowed nuclear family PSG in L-E-A-, 27 I&N Dec. 581 (A.G. 2019). A.G. Garland vacated in L-E-A-, 28 I&N Dec. 304 (A.G. 2021). The 2019 A.G. decision was reinstated by R-E-R-M-, 29 I&N Dec. 202 (A.G. 2025), holding nuclear family generally lacks social distinction.

367 F.3d 1206 (9th Cir. 2004) · 2004

A family unit can constitute a particular social group; members of a specific family who are targeted as a family unit may establish PSG membership.

29 I&N Dec. 202 (A.G. 2025) · 2025

Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021) is overruled. IJs and the Board should adhere to Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019), which held that nuclear family members generally do not constitute a cognizable PSG because nuclear families, as defined by the biological or legal relationship between an alien and family members, lack the requisite social distinction in most societies.

Reinstates the narrow 2019 A.G. framework for family-based PSG claims. Nuclear family alone generally insufficient without independent social distinction.