Attorney General Vacates Matter of R-A-

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

ATTORNEY GENERAL VACATES MATTER OF R-A-
Immigrants' Rights Update, Vol. 15, No. 1, Feb. 28, 2001

Shortly before leaving office, Attorney General Janet Reno vacated the Board of Immigration Appeals' decision in Matter of R-A-, Int. Dec. 3403 (BIA 1999), a case involving a Guatemalan who had been severely abused by her husband. The woman had applied for asylum on the basis of the abuse. She prevailed before an immigration judge but lost before the BIA when the government appealed. She subsequently filed a petition for review before the Ninth Circuit Court of Appeals, but the appellate court stayed the case pending review by the attorney general.

The AG's Jan. 19, 2001, order remands the case back to the BIA and directs it to stay reconsideration of the decision until after the proposed asylum rules on "particular social group" and gender are published in final form (see "INS Issues Proposed and Final Asylum Regulations"). The AG directs the BIA to reconsider the case in light of the final rule.