Decisions · 29 I&N Dec. 207 (A.G. 2025)

Matter of S-S-F-M-

Matter of S-S-F-M- is the Attorney General's September 2, 2025 decision making asylum harder for people fleeing private violence, including domestic violence. It overruled the 2021 A-B- decision and Matter of A-R-C-G-, and told judges to follow the stricter A-B- rulings in all pending and future cases. It does not end every such claim, but it raises what you must prove.

Published: Event / decision date:

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

What must I prove now if a private person harmed me?

Three things usually decide it. First, you must belong to a group that shares an unchangeable trait, is clearly defined and is seen as distinct in your society, and the group must exist apart from the harm itself. Second, group membership must be a central reason you were targeted, so a purely personal dispute is unlikely to qualify. Third, your government must be unwilling or unable to protect you: it must have condoned the violence or shown a complete helplessness to protect victims. Difficulty policing crime is not enough. A-B- says claims about domestic or gang violence by private actors generally will not qualify; S-S-F-M- calls qualifying situations few and far between. So expect a hard look. Next step: write down who harmed you, why that person chose you, and what the police did, then test each point against INA § 208 with a lawyer.

Does this mean domestic violence can never support asylum?

No, though the odds have moved against applicants. A-B- speaks of what generally happens and leaves room for exceptional circumstances, and S-S-F-M- calls the group question a fact-based inquiry. The applicant in that case argued political opinion too, and the decision sent her case back rather than denying it outright. If your abuser targeted you for your beliefs, religion or nationality, that may be a stronger ground than a gender-based group. Withholding of removal also needs a link to a protected ground, with a higher chance of harm, though the Ninth Circuit asks only for a reason, not one central reason. Protection under the Convention Against Torture needs no protected ground, but you must show it is more likely than not you would be tortured. Next step: ask your lawyer to plead every ground that truly fits on your Form I-589. Never sign a form you do not fully understand.

How should I state my social group?

Precisely, and on the record. A-B- requires an applicant to state the exact delineation of the proposed group. Under Matter of K-E-S-G- (2025), a group defined only by sex, or by sex and nationality, is overbroad and fails before an immigration judge, so ‘Honduran women’ alone will not work; that ruling left claims about female genital mutilation open. The Eleventh Circuit has also said being women alone is not enough. A group defined by the harm you suffered fails too, because it must exist independently of that harm. Put the group in writing before the hearing. You also need country conditions evidence showing how your society sees the group and what the police do in practice. The judge must also consider whether you could safely relocate. Next step: follow the filing dates in our individual hearing guide, and prepare specific answers on why relocation would not work for you.

Is the rule the same in Florida and California?

Judges must apply the Attorney General's rule, but they also follow binding decisions of your state's federal appeals court, and those courts differ on police reports. In Florida, Eleventh Circuit decisions require evidence that you reported the persecution or that reporting would have been useless; failing to report is generally fatal. In California, the Ninth Circuit's en banc decision in Bringas-Rodriguez rejected treating a failure to report as a gap in the evidence, though you must still prove the government was unable or unwilling. Next step: in both states, collect any report or show with evidence why going to the police was pointless or dangerous. S-S-F-M- claims the best reading of the statute, but under Loper Bright federal courts need not agree. Ask your lawyer to raise that in writing before the immigration judge, because a court of appeals generally reviews only what was first raised with the agency.

What fees and appeal deadlines apply?

USCIS lists $100 at filing and $105 yearly online while pending, neither waivable. Once USCIS sends a notice, pay the annual fee within 30 days; while it is unpaid, USCIS cannot approve your application. Ms. L. settlement class members and their qualifying family members do not owe these fees as of February 5, 2026, but must mail a paper Form I-589 marked ‘Ms. L Settlement Class Member’ or ‘Ms. L. Settlement QAFM’ atop the first page. USCIS may reject online filings, and DHS disputes this order, so recheck first. If a judge denied your claim, Form EOIR-26 must be received by the Board within 30 calendar days, so mailing on day 30 is too late. The published 8 C.F.R. § 1003.38 shows 10 days for some denials, but a court vacated that in March 2026. It could return, so check your order, file early and state every issue.

My case is pending. What should I do this month?

First, find your next date, then review the claim. Because the rule covers all pending cases, an application prepared under the overruled 2021 decision may need new legal framing and new evidence. Compare your group with the rules above, and check whether religion, political opinion or torture protection fits your true facts better. Update your declaration only where the facts support it. If you have not filed, watch the one-year asylum deadline and read how defensive asylum works in court. A change in the law does not move your dates, so amended filings must still arrive on time. To have your claim tested against these rules before a filing date, see our asylum page.

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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.

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Frequently asked questions

Do I need a police report for an asylum claim based on private violence?

For an asylum claim based on private violence, it depends on your federal appeals court. In Florida, Eleventh Circuit decisions require evidence that you reported the persecution or that reporting would have been useless, and failing to report is generally fatal. In California, the Ninth Circuit rejected treating a failure to report as a gap in the evidence, though you must still prove the government was unable or unwilling. In both states, collect any report or show with evidence why going to the police was pointless or dangerous.

Can I still get asylum for gang violence after Matter of S-S-F-M-?

Asylum based on gang violence is much harder after Matter of S-S-F-M-, but not ruled out for every claim. A-B- says claims about gang violence by private actors generally will not qualify, and S-S-F-M- calls qualifying situations few and far between. You must usually show a valid social group, that membership was a central reason you were targeted, and that your government condoned the violence or was completely helpless.

Can 'Honduran women' be a social group for asylum?

Not on its own. Under Matter of K-E-S-G- (2025), a social group defined only by sex, or by sex and nationality, is overbroad and fails before an immigration judge, and the Eleventh Circuit has said being women alone is not enough. A-B- requires you to state the exact delineation of the group, which must exist independently of the harm. K-E-S-G- left claims about female genital mutilation open.

What does 'unable or unwilling to protect' mean for asylum?

In a private-violence asylum claim after Matter of S-S-F-M-, it means your government must have condoned the violence or shown a complete helplessness to protect victims. Difficulty policing crime is not enough. Write down what the police did and test that account against the law with a lawyer.

How much does it cost to apply for asylum now?

USCIS lists $100 at filing and $105 yearly online while the asylum application is pending, and neither fee is waivable. Once USCIS sends a notice, pay the annual fee within 30 days, because USCIS cannot approve the application while it is unpaid. Ms. L. settlement class members and their qualifying family members do not owe these fees as of February 5, 2026, but must mail a marked paper Form I-589, and DHS disputes that order, so recheck first.

Does S-S-F-M- apply if I filed for asylum before September 2025?

Yes, if your case is still pending, because Matter of S-S-F-M- covers all pending and future cases. An application prepared under the overruled 2021 decision may need new legal framing and new evidence. The change in the law does not move your dates, so amended filings must still arrive on time.

What is Matter of S-S-F-M-?

Matter of S-S-F-M- is the Attorney General's September 2, 2025 decision making asylum harder for people fleeing private violence, including domestic violence. It overruled the 2021 A-B- decision and Matter of A-R-C-G-, and told judges to follow the stricter A-B- rulings in all pending and future cases. It does not end every such claim, but it raises what you must prove.

What should I check before relying on this information?

First, find your next date, then review the claim. Because the rule covers all pending cases, an application prepared under [[matter-a-b-2021|the overruled 2021 decision]] may need new legal framing and new evidence. Compare your group with the rules above, and check whether religion, political opinion or torture protection fits your true facts better. Update your declaration only where the facts support it. If you have not filed, watch the [[asylum-one-year-deadline|one-year asylum deadline]] and read how [[defensive-asylum|defensive asylum]] works in court. A change in the law does not move your dates, so amended filings must still arrive on time. To have your claim tested against these rules before a filing date, see our [[/services/asylum|asylum page]].

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