Decisions · 28 I&N Dec. 307 (A.G. 2021)

Matter of A-B- (2021) — Historical, overruled

This 2021 Attorney General decision is no longer good law. On June 16, 2021 it wiped out two stricter rulings on asylum claims based on private violence. On September 2, 2025, Matter of S-S-F-M- overruled it and restored those rulings for all pending and future cases. Do not cite it as current authority or trust a guide that does.

Published: Event / decision date:

General information, not legal advice. See the notice at the end of this page.

Can I still rely on the 2021 A-B- decision?

No. Attorney General Garland's decision, cited as 28 I&N Dec. 307 and often called A-B- III, told judges to stop following the 2018 decision and the earlier 2021 decision in the same case and to go back to earlier precedent, including Matter of A-R-C-G-. That was the 2014 Board decision recognizing a social group of married women unable to leave their relationship. Matter of S-S-F-M-, 29 I&N Dec. 207, reversed all of this: A-B- III is overruled, judges and the Board must disregard it, and A-R-C-G- and decisions relying on it are overruled too. So a claim built on those authorities now has a problem. Next step: if your asylum papers or a lawyer's letter cites A-B- III or A-R-C-G- as binding, have them reviewed against the current S-S-F-M- rule before your next filing date.

Why did the law keep changing?

Four Attorney General decisions pulled in opposite directions. In 2018, A-B- I overruled A-R-C-G- and said claims about domestic or gang violence by private actors generally will not qualify. In 2021, A-B- II added more on the same questions. In June 2021, A-B- III vacated both, saying the broad language could discourage case-by-case review and that a planned regulation should settle the issue. That regulation never came, as the 2025 decision points out, so the Attorney General restored A-B- I and II. These decisions bind immigration judges and the Board. For the reader, the lesson is practical: the date of any article matters. Anything written between June 2021 and September 2025 may describe the opposite of today's rule. Next step: check the date on any guide you are using, and rely on a source updated after September 2, 2025.

My asylum case was filed while A-B- III was in force. Is it affected?

If it is still pending, yes. The 2025 decision applies to all pending or future cases, so a filing made in 2022 is judged under today's rule. If your group was framed the way A-R-C-G- allowed, such as women unable to leave a relationship, it needs rethinking now. Under Matter of K-E-S-G- (2025), a group defined only by sex, or by sex and nationality, is also too broad. Next step: find your next date with our court hearing guide, then review your Form I-589 and declaration with a lawyer. For a court case, read how evidence deadlines work in the individual hearing guide, because amended filings must arrive on time. Other grounds, such as political opinion or religion, may fit your facts better, and torture protection does not depend on a protected group. Do not change facts to fit a theory; only the legal framing should change.

I already won asylum during those years. Should I worry?

The overruling decision speaks of pending or future cases. It does not address taking away asylum already granted in a finished case. That is not a promise about your file, because asylum can be affected for other reasons, and a matter that DHS appealed is still pending. Next step: confirm that your grant is final, meaning no appeal is open, and keep the order or approval notice with your records. If you plan to file for a green card or travel, speak with a lawyer first, so that old facts are presented consistently. If your case was denied in those years under A-R-C-G- reasoning or otherwise, the change does not help you, and a late motion to reopen faces strict limits. Ask about the deadline before anything else.

Can the 2021 decision still help my case?

Not as authority, but it can support one argument. It records why the Attorney General then saw A-B- I as capable of creating a strong presumption against private-violence claims, and it lists a split among federal courts: the D.C. Circuit in Grace v. Barr read A-B- I as a new, more demanding test, while the Second and Fifth Circuits found the standard unchanged. S-S-F-M- rejected that reading and relied on the Third Circuit. Yet courts decide the best reading of the statute for themselves, as S-S-F-M- recognizes in citing Loper Bright. Next step: ask your lawyer to raise the point in writing before the immigration judge, who must generally apply the 2025 decision, because a court of appeals generally reviews only what you first raised with the agency. To test your claim against current law, start with our asylum page.

How we can help

Asylum

Affirmative asylum applications (Form I-589) filed with USCIS and defensive asylum claims in immigration court, including claims based on political opinion, religion, nationality and LGBTQ+ identity.

Primary sources

Frequently asked questions

Is Matter of A-R-C-G- still valid?

No. Matter of A-R-C-G-, the 2014 Board decision recognizing a social group of married women unable to leave their relationship, has been overruled. The June 2021 decision in Matter of A-B- had sent judges back to it, but Matter of S-S-F-M- overruled that decision, A-R-C-G- and decisions relying on it on September 2, 2025.

What is the difference between A-B- I, A-B- II and A-B- III?

They are Attorney General decisions that pulled in opposite directions. A-B- I (2018) overruled A-R-C-G- and said private domestic or gang violence claims generally will not qualify. A-B- II (2021) added more on those questions. A-B- III (June 2021) vacated both. Matter of S-S-F-M- (September 2, 2025) overruled A-B- III and restored A-B- I and II.

What is 28 I&N Dec. 307?

28 I&N Dec. 307 is the citation for Attorney General Garland's June 16, 2021 decision in Matter of A-B-, often called A-B- III. It is no longer good law: Matter of S-S-F-M-, 29 I&N Dec. 207, overruled it on September 2, 2025, and judges and the Board must disregard it.

Can I trust an article on domestic violence asylum written before September 2025?

Check its date carefully. An asylum article written between June 2021 and September 2025 may describe the opposite of today's rule, because Matter of A-B- (June 2021) was overruled on September 2, 2025 by Matter of S-S-F-M-. Do not trust a guide that cites the 2021 decision as current, and rely on a source updated after that date.

Does the group 'women unable to leave a relationship' still work for asylum?

A pending asylum claim built on that group needs rethinking now, because Matter of S-S-F-M- overruled A-R-C-G-, which allowed it. Under Matter of K-E-S-G- (2025), a group defined only by sex, or by sex and nationality, is also too broad. Political opinion or religion may fit some facts better, and torture protection does not depend on a protected group.

My asylum case was denied while A-B- III was in force. Does the 2025 change help me?

No, the 2025 overruling of Matter of A-B- does not help someone denied asylum in those years, whether the denial relied on A-R-C-G- reasoning or not. A late motion to reopen faces strict limits, so ask a lawyer about the deadline before anything else.

What is Matter of A-B- (2021) — Historical, overruled?

This 2021 Attorney General decision is no longer good law. On June 16, 2021 it wiped out two stricter rulings on asylum claims based on private violence. On September 2, 2025, Matter of S-S-F-M- overruled it and restored those rulings for all pending and future cases. Do not cite it as current authority or trust a guide that does.

What should I check before relying on this information?

Not as authority, but it can support one argument. It records why the Attorney General then saw A-B- I as capable of creating a strong presumption against private-violence claims, and it lists a split among federal courts: the D.C. Circuit in Grace v. Barr read A-B- I as a new, more demanding test, while the Second and Fifth Circuits found the standard unchanged. S-S-F-M- rejected that reading and relied on the Third Circuit. Yet courts decide the best reading of the statute for themselves, as [[matter-s-s-f-m|S-S-F-M-]] recognizes in citing Loper Bright. Next step: ask your lawyer to raise the point in writing before the immigration judge, who must generally apply the 2025 decision, because a court of appeals generally reviews only what you first raised with the agency. To test your claim against current law, start with our [[/services/asylum|asylum page]].

Book a Consultation