Matter of A-B- Amicus Project

En español aquí.

UPDATE: Following years of hard-fought litigation and advocacy, on June 16, 2021, Attorney General Merrick Garland vacated the Matter of A-B- ruling, restoring critical pathways to protection for refugee survivors of gender-based violence and gang brutality.

What is the government doing and why are we challenging it?

In Matter of A-B-, the Attorney General tried to categorically restrict asylum for survivors of domestic violence. The Board of Immigration Appeals (BIA) has heeded this call and is interpreting the decision with this intent in mind, denying protection to countless applicants without an individualized consideration of the facts of each person’s case. In effect, the BIA is treating Matter of A-B- as if it is actually a hard and fast rule against any domestic violence survivor being granted asylum.

The only recourse for such survivors is to seek a petition for review in a federal appellate court. We are helping attorneys fight these cases, by providing legal consultation through our technical assistance and training program, and by appearing as co-counsel or amicus in individual cases, submitting briefs and where possible, participating in oral argument. Our goal is to provide the federal appellate courts with the best possible arguments to give them the opportunity to overrule Matter of A-B- and restore protection for domestic violence survivors seeking asylum.

What’s the status of these cases?

We have made significant progress, winning a series of promising victories at the courts of appeals in 2020 and 2021. In April the First Circuit Court of Appeals remanded the case of a domestic violence survivor from the Dominican Republic, De Pena-Paniagua v. Barr, finding that the Board had erred in using Matter of A-B- as justification to deprive her of a fair hearing. CGRS had submitted an amicus brief in support of Ms. De Pena-Paniagua and taken part in oral argument in 2019.

In August 2020 the Ninth Circuit Court of Appeals published an opinion in Diaz-Reynoso v. Barr, affirming unequivocally that the administration cannot categorically reject domestic violence-related claims or use Matter of A-B- to single survivors out for discriminatory treatment. The Court applied its holding in two other cases, Fuentes-Reyes v. Barr and Arellano Rodriguez v. Barr, remanding those cases to the Board as well. CGRS had filed amicus briefing in all three cases and presented oral argument before the Ninth Circuit panel in March.

The Ninth Circuit issued another positive precedent ruling in Rodriguez Tornes v. Garland in April 2021. CGRS supported the petitioner, Ms. Rodriguez Tornes, as amicus in the case, which was brought by the Tahirih Justice Center and pro bono attorneys at Munger Tolles & Olson LLP.

While several other cases remain pending in various courts of appeals, these recent victories will blunt the impact of Matter of A-B- in future adjudications, particularly within the Ninth and First Circuits.

Whose life is at stake?

Asylum seekers helped by the Matter of A-B- Amicus Project are women and children who have suffered severe domestic abuse in their home countries from intimate partners or family members, and whose governments are unable or unwilling to protect them.

Who’s involved?

The Center for Gender & Refugee Studies is partnering with advocates around the country to help provide the strongest possible defense for asylum seekers denied on the basis of Matter of A-B-. If you are an attorney and would like us to consider involvement with your client’s petition for review, please contact us at cgrs-abtracking@uchastings.edu.

How can you help?

Visit our Immigrant Women Too page to learn more.
Donate to CGRS to support our work on this project.

Need more information?

Contact Brianna Krong, Communications and Advocacy Coordinator, at krongbrianna@uchastings.edu.

Legal Resources

If you are an attorney and would like us to consider involvement with your client’s petition for review, please contact us at cgrs-abtracking@uchastings.edu.

CGRS Practice Advisories: CGRS has produced several practice advisories on litigating asylum cases post-Matter of A-B-. Click here to request the most recent advisories relevant to your client’s case.
For a video explainer about the De Pena-Paniagua case, click here.
"Matter of A-B-: Slamming the Door on Domestic Violence Survivors," CGRS factsheet and policy recommendations for Congress (July 2020), also available in Spanish
Kate Jastram and Sayoni Maitra, Matter of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation and Legislation, 18 Santa Clara J. Int'l L. 48 (2020).