Matter of A–B– and Matter of L–E–A– Have Been Vacated: Now What?

Matter of A–B– and Matter of L–E–A– Have Been Vacated: Now What?

Matter of A–B– and Matter of L–E–A– Have Been Vacated: Now What? - Recording (No CLE)
Live Event Date: 7/21/2021
Format Length CLE Eligible
Web Seminar 90 min. No

On June 16, 2021, the Attorney General issued two new decisions in Matter of A–B–, 28 I&N Dec. 199 (AG 2021) and Matter of L–E–A–, 28 I&N Dec. 304 (AG 2021) that vacated Matter of A–B– I and II and Matter of L–E–A– II. These decisions, pending forthcoming rulemaking, have caused a full reversion to prior precedent and left practitioners scrambling to review prior case law and reformulate arguments. Panelists will discuss what changes as a result of these decisions and identify the cases practitioners should rely on now. They also will dust-off arguments and Particular Social Group (PSG) formulations that were working prior to the vacated decisions.

Featured Topics:

  • PSGs That Work Based on Gender and Family Ties
  • Reviewing and Remembering Matter of A–R–C–G–: Arguments for Protection from Gang Violence and Domestic Violence
  • Analyzing the Need for State Action (or Inaction) and “Unwilling or Unable” to Assist
  • Nexus Issues, Other Protected Grounds
  • Using New Cases to Challenge Denials with Motions to Reopen or Remand: Timing and Best Practices
  • Footnotes That Matter in the Decisions (e., Dicta on Jurisdiction)

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Tammy Lin (DL), San Diego, CA
Tammy Lin opened her practice in 2016 after almost nine years working for a nonprofit where she was hired to start the asylum program. She is a two-time former AILA San Diego Chair, frequent speaker on asylum and refugee issues and current member/former chair of AILA National’s Media and Advocacy Committee. Ms. Lin earned a B.A. from the University of Notre Dame and J.D. from the University of San Diego School of Law.

Ashly Huebner, AILA EOIR-ICE Joint Committee, Chicago, IL
Ashley Huebner is an associate director of legal services at the National Immigrant Justice Center (NIJC), where she oversees NIJC's Asylum Project and immigrant children's programs. Ashley conducts legal trainings and provides technical support to pro bono attorneys representing individuals seeking asylum and other relief through NIJC. She specializes in asylum issues related to gender and gang-based claims and unaccompanied children and is actively involved in impact litigation regarding these and other complex asylum issues.

Romy Lerner, Coral Gables, FL
Romy Lerner is Associate Director of the Immigration Clinic at University of Miami (UM) School of Law, where she has taught since 2013. Prior to UM, Romy ran the detention project at Americans for Immigrant Justice. She has served as vice chair of the ICE liaison committee for AILA South Florida and was on the board of the Detention Watch Network for several years. She received her J.D. from Columbia University.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.