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From: “U.S. Department of Justice” <usdoj@public.govdelivery.com>

Subject: Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021)

Date: January 14, 2021 at 3:41:33 PM EST

To: schase9999@gmail.com

Reply-To: usdoj@public.govdelivery.com

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The Acting Attorney General has issued a decision in Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021).

(1) Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), did not alter the existing standard for determining whether a government is “unwilling or unable” to prevent persecution by non-governmental actors. The “complete helplessness” language used in Matter of A-B- is consistent with the longstanding “unable or unwilling” standard, as the two are interchangeable formulations.

(2) The concept of “persecution” under the Immigration and Nationality Act, 8 U.S.C. §§ ‍1101(a)(42)(A), 1158(b)(1)(a), (b)(i), is premised on a breach of a home country’s duty to protect its citizens. In cases where an asylum applicant is the victim of violence or threats by non-governmental actors, and the applicant’s home government has made efforts to prevent such violence or threats, failures in particular cases or high levels of crime do not establish a breach of the government’s duty to protect its citizenry.

(3) The two-pronged test articulated by the Board of Immigration Appeals in Matter of‍ L-E-A-, 27 I&N Dec. 40, 43–44 (BIA 2017), is the proper approach for determining whether a protected ground is “at least one central reason” for an asylum applicant’s persecution, 8 U.S.C. § 1158(b)(1)(B)(i). Under this test, the protected ground: (1) must be a but-for cause of the wrongdoer’s act; and (2) must play more than a minor role—‍in‍ other words, it cannot be incidental or tangential to another reason for the act.

_________________________________________

Executive Office for Immigration Review

Office of Policy

Communications and Legislative Affairs Division

PAO.EOIR@usdoj.gov

 

 

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We need a complete housecleaning at EOIR HQ and the corrupt, racist, failed DOJ. There is no way that a defeated scofflaw regime should be issuing bogus nativist “litigating positions” in the guise of “quasi-judicial decisions” on its way out the door. And the idea that “completely helpless” is interchangeable with “unwilling or unable” is absurd on its face. 

🇺🇸⚖️🗽Due Process Forever!

PWS

01-14-20

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