5. Department of Homeland Security · Major · Needs Congress
Eliminate the 'particular social group' protected ground for asylum
Printed page 148 5. Department of Homeland Security
“Congress should eliminate the particular social group protected ground as vague and overbroad or, in the alternative, provide a clear definition with parameters that at a minimum codify the holding in Matter of A-B- that gang violence and domestic violence are not grounds for asylum.”
What has happened
- Attempted
Attorney General Bondi, in Matter of S-S-F-M-, overruled Matter of A-B- III (2021) and directed immigration judges and the Board to follow Matter of A-B- I (2018) and A-B- II (2021) in all pending and future cases, and overruled Matter of A-R-C-G- (domestic-violence-based social group). This restores the A-B- holding the Mandate wanted codified, but by adjudication the next Attorney General can reverse; Congress has not legislated.
- Attempted
The Board of Immigration Appeals held in Matter of K-E-S-G- that a particular social group defined by sex, or sex and nationality, standing alone is overbroad and insufficiently particular to be cognizable — narrowing the ground by precedent decision rather than statute.
Research log
What was searched, and what didn’t count as evidence
Research notes
- Same day, Matter of R-E-R-M- & J-D-R-M-, 29 I&N Dec. 202 (A.G. 2025) overruled Matter of L-E-A- III and restored L-E-A- II on family-based social groups (https://www.justice.gov/eoir/media/1412686/dl?inline — listed on the EOIR Volume 29 page, not read; lead).
- No bill eliminating or defining “particular social group” was found among bills in the 119th Congress; Federal Register full-text search for the phrase since 2025-01-20 returned only asylum-processing rules that do not touch the ground’s definition.
- Just Security’s commentary on K-E-S-G- (justsecurity.org/119641) was surfaced but not needed as Evidence.
- Action
- eliminate
- Object
- "particular social group" protected ground
- ID
- 355