Asylum: New Claim v. Old – Understanding Matter of M-A-F-, 26 I. & N. Dec. 651 (BIA 2015)

In Matter of M-A-F-, the Board of Immigration Appeals (BIA) held that when an asylum applicant filed initially before the enactment of the REAL ID Act of 2005 (effective May 11, 2005) then submits a subsequent asylum application after that date which presents either a previously unraised basis for relief or a substantially different factual basis, the later filing is treated as a “new” application.

No Duress Exception to Persecutor’s Bar. Matter of Negusie, 29 I&N Dec. 285 (A.G. Oct. 22, 2025)

On October 22, 2025, the U.S. Attorney General issued the decision Matter of Negusie, in which the long-running question of whether a “duress” or “coercion” exception exists to the so-called persecutor bar under the Immigration and Nationality Act (INA) was definitively resolved: the bar to asylum and withholding of removal for an individual who ordered, incited, assisted or otherwise participated in persecution does not include a coercion or duress exception.

What the New BIA Decision Means for Special Immigrant Juveniles (SIJs) in Removal Proceedings

Matter of Cahuec Tzalam

Understanding Matter of Cahuec Tzalam (BIA 2025) A newly published decision from the Board of Immigration Appeals (BIA)—Matter of Miguel Angel Otoniel Cahuec Tzalam, decided November 14, 2025—significantly affects how young people pursuing Special Immigrant Juvenile (SIJ) status are treated in immigration court.  This ruling limits the ability of Immigration Judges to administratively close removal […]

BIA Bars Immigration Judges from Terminating Withholding-Only Proceedings

Withholding-only proceedings

The Board of Immigration Appeals (BIA) has just issued a far-reaching decision that sharply limits what Immigration Judges (IJs) can do in “withholding-only” proceedings—cases that arise after a previously deported person reenters the United States and expresses fear of persecution or torture. 

America’s Right to Defend Its Values: Why Vetting for Anti‑Americanism and Antisemitism in Immigration Is Necessary and What Its Practical Implications

Anti-Americanism immigration policy

The United States has long upheld a proud tradition of welcoming immigrants who come in good faith: those who seek freedom, opportunity, and the chance to contribute to civic society. But openness does not equate to unlimited access—especially not when a person seeks to live, work, or become a citizen while simultaneously rejecting or undermining the very institutions, ideals, and communities that underpin the American experiment.