Matter of L-E-A- - Harvard Law Review

by Kevin Johnson //Dean UC Davis Law

Editor ImmigrationProf Blog

In Matter of L-E-A-, Acting Attorney General William Barr overturned the Board of Immigration Appeals’ finding that the immediate family of the respondent’s father constituted a particular social group for purposes of asylum. In doing so, Attorney General Barr contravened decades of precedent and made sweeping claims about asylum law that, if followed, would undermine decades of asylum protections. The commentary is critical of the ruling in L-E-A-.

Matter of L-E-A- - Harvard Law Review
133 Harv. L. Rev. 1500
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To be eligible for asylum in the United States, migrants must meet the definition of “refugee” as laid out in the Immigration and Nationality Act1×1. Pub. L. No. 89-236, 79 Stat. 911 (1965) (codified as amended in scattered sections of 8 U.S.C.); see 8 U.S.C. §§ 1101(a)(42), 1158(b)(1) (2018). The language defining “refugee” stems from international law. See Convention Relating to the Status of Refugees, art. 1, July 28, 1951, 19 U.S.T. 6259; Protocol Relating to the Status of Refugees, art. 1, Jan. 31, 1967, 19 U.S.T. 6223.Show More (INA). This determination requires a finding that the asylum applicant has been persecuted or has “a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”2×2. 8 U.S.C. § 1101(a)(42)(A). For decades, the Board of Immigration Appeals3×3. The BIA is housed in the Department of Justice and hears appeals from decisions by immigration judges throughout the country. See Board of Immigration Appeals, U.S. DEP’T JUST. (Oct. 15, 2018), https://www.justice.gov/eoir/board-of-immigration-appeals [https://perma.cc/L8CE-FVLH]. BIA decisions may be reviewed by the Attorney General and by federal courts. Id.Show More (BIA) and U.S. courts of appeals have consistently found that a family unit can constitute a particular social group.4×4. See, e.g., Matter of Acosta, 19 I. & N. Dec. 211, 233 (B.I.A. 1985); see also Gebremichael v. INS, 10 F.3d 28, 36 (1st Cir. 1993).Show More Recently, in Matter of L-E-A-5×5. 27 I. & N. Dec. 581 (Att’y Gen. 2019). (L-E-A- II), Attorney General William Barr overturned the BIA’s finding that the immediate family of the respondent’s father constituted a particular social group.6×6. Id. at 582. In doing so, he contradicted decades of precedent and made sweeping claims that, if followed, would undermine long-established principles of asylum law.