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A Discussion of Matter of P-A-C 29 I&N Dec. 708 (BIA 2026) Introduction Asylum is often viewed as the ultimate form of humanitarian protection under United States immigration law. For many applicants, proving past persecution or establishing a well-founded fear of future persecution is considered the primary hurdle to obtaining relief. However, a recent precedential decision issued by the Board of Immigration Appeals ("BIA") serves as an important reminder that establishing eligibility for...

Matter of H-D-A- highlights the importance of documenting harm, corroborating persecution claims, and demonstrating a government's inability or unwillingness to provide protection in asylum and removal defense cases. Every immigration attorney has handled a case in which the client's account of events is both credible and compelling, yet the legal sufficiency of the claim remains uncertain. The applicant may have been threatened, assaulted, detained, or targeted because of a protected...

Introduction In Matter of C-P-Y, 29 I&N Dec. 610 (BIA 2026), the Board of Immigration Appeals addressed an issue of first impression involving the interpretation of the serious nonpolitical crime bars under INA §§ 208(b)(2)(A)(iii) and 241(b)(3)(B)(iii). Specifically, the Board examined whether the statutory terms “arrival” and “arrived” should be interpreted as synonymous with “admission” or “admitted” as defined under INA § 101(a)(13)(A). The Board ultimately rejected that interpretation...