Matter of L-E-A-
On June 16, 2021, the Attorney General issued a decision, Matter of L-E-A- III, 28 I&N Dec. 304 (AG 2021), vacating Matter of L-E-A-II, 27 I&N Dec. 581 (A.G. 2019). L-E-A- II had held that the family is not inherently socially distinct and overruled the finding in L-E-A- I, 27 I&N Dec. 40 (BIA 2017) that Mr. L-E-A-’s father’s immediate family could be a particular social group. CLINIC filed suit challenging the implementation of L-E-A- II in November 2019 and joined a letter on April 13, 2021, calling on Attorney General Garland to vacate L-E-A- II. CLINIC also filed a federal lawsuit challenging the USCIS guidance memo implementing Matter of L-E-A- II. That lawsuit, S.A.P. v. Garland, remains pending.
The vacatur of L-E-A- II returns the state of the law to that of L-E-A- I, which recognized that families can constitute particular social groups. L-E-A- I also presented important issues concerning nexus, which the Attorney General indicated will be taken up in a forthcoming rulemaking. See Matter of A-B-, 28 I&N Dec. 307, 309 (A.G. 2021). CLINIC will provide comments and updates on the ongoing rulemaking process concerning particular social group analysis.
CLINIC is counsel in L-E-A- and is monitoring how government officials and immigration judges are interpreting the law following the vacatur of L-E-A- II. To that end, please share with CLINIC redacted copies of any decisions that rely on L-E-A- I or L-E-A- II with Bradley Jenkins at email@example.com.
Attorney General Certification Legal Documents
Attorney General Certification Amicus Briefs
Board of Immigration Appeals Filings
Board of Immigration Appeals Amicus Briefs
- Access to Law
- American Gateways
- Casa Cornelia
- Catholic Legal Immigration Network, Inc. (CLINIC)
- Center for Gender and Refugee Studies (CGRS)
- Central American Legal Assistance (CALA)
- George Washington University Law School
- Legal Aid Justice Center (LAJC)
- National Immigrant Justice Center (NIJC)
- Juan Carlos Rodriguez
- University of Nevada and Pamela Goldberg (international law brief)