Categories: AG Watch

Attorney General Sessions Vacates BIA Decision That Provided Asylum Seekers With A Hearing

In Matter of E-F-H-L-, 27 I. & N. Dec. 226 (A.G. Mar. 5, 2018), Attorney General Jeff Sessions vacated Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014) and issued the following order:

In this matter, the respondent conceded removability at the outset of removal proceedings and requested relief from removal pursuant to an application for asylum and withholding of removal. The presiding Immigration Judge determined, without holding an evidentiary hearing, that the respondent’s application failed as a matter of law to make a prima facie case that he was eligible for asylum and withholding of removal, and he denied the application. The respondent appealed on the merits to the Board. The Board remanded, holding that a respondent applying for asylum and withholding of removal was ordinarily entitled to a full evidentiary hearing. The respondent subsequently withdrew his application for asylum and withholding of removal with prejudice. On the parties’ motion, the Immigration Judge administratively closed removal proceedings to allow the adjudication of a Petition for Alien Relative (Form I-130) filed on behalf of the respondent.

Because the application for relief which served as the predicate for the evidentiary hearing required by the Board has been withdrawn with prejudice, the Board’s decision is effectively mooted. I accordingly vacate the decision of the Board in this matter, and I also direct that this matter be recalendared and restored to the active docket of the Immigration Court.

This effectively allows Immigration Judges to render decisions in asylum cases without affording non-citizens a right to a hearing, which is deeply problematic, and a violation of basic due process rights.

Prerna Lal

Immigration Attorney

Share
Published by
Prerna Lal

Recent Posts

Your Client Won Release From ICE Detention. Now How Do They Get Home?

An attorney’s guide to post-release transportation, shelter, and reunification resources at California’s ICE detention centers…

2 weeks ago

Deny, Deny, Deny: How the Trump Administration Is Reengineering Immigration Law One BIA Decision at a Time

It is only August, and the Board of Immigration Appeals has already spent 2026 producing…

3 weeks ago

BIA Overrules Matter of Arrabally: A Harsh New Advance Parole Rule, and What It Actually Means

On August 13, 2026, the Board of Immigration Appeals issued a major decision in Matter…

3 weeks ago

Contempt for Thee, Not for Me: EOIR’s Proposed Rule for Punishing Lawyers Who Say the Quiet Part Out Loud

There is something almost admirable about the Trump administration’s capacity to make parody obsolete. After…

4 weeks ago

More Than 50 Federal Cases and Counting

Fighting Unlawful Immigration Detention in 2026 Federal court is supposed to be where a person…

2 months ago

The Great Writ Under Siege: Habeas Corpus in the Age of Mass Detention

The battle over immigration detention has reached every federal courthouse in America In the past…

6 months ago