Particular Social Groups in Limbo: What PSGs Are Working Now?

Particular Social Groups in Limbo: What PSGs Are Working Now?

Release Date: 10/14/2022
Recording Available 7-14 Days After Event Date
Format Length CLE Eligible
Video Roundtable 60 min. No

Just after taking office, on February 2, 2021, President Biden issued an executive order requiring immigration agencies to promulgate new regulations that define “particular social group” (PSG) for asylum purposes. As asylum advocates continue to wait for those regulations to published, how to define PSGs remains challenging.

Last summer, Attorney General Merrick Garland vacated two of the most damaging Trump-era attorney general decisions by issuing Matter of A-B- III, 28 I&N Dec. 307 (A.G. 2021) and Matter of L-E-A- III, 28 I&N Dec. 304 (A.G. 2021), restoring the ability to formulate PSGs based on inability to leave a marital relationship and based on family membership. But formulating successful PSGs continues to be one of the most difficult areas of asylum law. In this roundtable, practitioners will share what PSGs are currently being accepted as cognizable and what PSGs are being rejected by adjudicators.

Discussion Topics

  • How are Asylum Officers and IJs treating family-based PSGs?
  • What PSGs are most successful in the context of domestic violence-based claims?
  • How should practitioners preserve arguments for other PSGs given the uncertainty of the forthcoming regulatory PSG definition?

This roundtable is hosted by AILA's Asylum and Refugee Committee.

This roundtable is available only to AILA members and not CLE eligible. AILA University Video Roundtables are free learning opportunities for AILA members provided via a weekly schedule of live video programming for members to come together from across the country and world to discuss hot topics and network with colleagues in the field. Video Roundtables are part of AILA University programming and each session is hosted by faculty selected for their expertise.

Christina Brown, Asylum and Refugee Committee/Distance Learning Committee, Denver, CO

Dree Collopy, AILA Author, AILA's Asylum Primer: A Practical Guide to U.S. Asylum Law and Procedure, 8th Ed., Asylum and Refugee Committee, Washington, DC

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.