What happened
A-B-, a Salvadoran national, fled an abusive partner and applied for asylum in the US, claiming membership in a "particular social group" β Salvadoran women unable to leave domestic violence.
Before 2018, the BIA in Matter of A-R-C-G- (2014) had recognized that domestic violence survivors in certain countries could constitute a particular social group.
Attorney General Jeff Sessions used his certification power (INA Β§103) to review the case and overrule A-R-C-G-.
The court's ruling
Sessions held that domestic violence and gang violence generally do not constitute a basis for particular social group claims. He called them "private criminal activity," not state persecution.
The ruling set a heightened standard: the applicant must show the home country government is "completely helpless" to protect them, not merely "unwilling."
Technically, A-B- did not ban DV-based asylum claims, but narrowed the criteria so sharply that most such cases became losers in practice.
Why it matters
Matter of A-B- became one of the most debated decisions in immigration law. It directly affected thousands of Central American women fleeing domestic violence.
Under the Biden administration, AG Garland in Matter of A-B- III (2021) partially restored the viability of DV-based claims, but could not fully overrule the 2018 decision.
In practice, outcomes depend on which judge gets the case: some judges follow Garland's updated position, others continue citing Sessions.
What it means for you
If you are fleeing domestic violence, your claim is still possible but requires very strong preparation. You must show: (1) a specific social group, (2) nexus, (3) inability of state protection.
Gather maximum evidence: police reports, medical records, witness statements, expert country condition reports.
Work with an attorney who knows the specific judge's track record on DV-based claims β this is critical after A-B-.
ποΈ Related courts
βοΈ Related judges
Attorney commentary
βA-B- is not the end of DV-based claims, as many believe. It's a higher bar. After Garland III, we're winning these cases again β but preparation takes twice as long.β
βThe key is choosing the right particular social group formulation. Don't use templates from the internet. Every case needs a custom PSG definition tailored to the specific country and circumstances.β
Sources
β οΈ This material is educational and is not legal advice. Whether it applies to your case should be discussed with an attorney.