All corrections
Wikipedia June 13, 2026 at 11:00 PM

en.wikipedia.org/wiki/Asylum_in_the_United_States

4 corrections found

1
Claim
An in-country applicant for asylum is eligible for a work permit (employment authorization) after their application for asylum has been pending for 365 days.
Correction

This waiting period is misstated. USCIS says most asylum applicants may apply for work authorization after 150 days, and USCIS may grant it after 180 days—not 365 days.

Full reasoning

USCIS’s Form I-765 instructions for applicants with pending asylum applications state that an applicant is subject to a 150-day waiting period before they may apply for an Employment Authorization Document (EAD), plus an additional 30 days before USCIS may issue it, for a total of 180 days. USCIS also explains elsewhere that a person with a pending asylum application may seek employment authorization once the asylum application has been pending at least 150 days. That directly contradicts the article’s statement that eligibility begins only after 365 days.

A 365-day figure is associated with other rules in the immigration system, but it is not the standard waiting period USCIS gives for initial asylum-based work authorization under category (c)(8).

2 sources
2
Claim
The case, known as Matter of Acosta (1985), set the standard of what qualified as a "particular social group." This new definition of "social group" expanded to explicitly include homosexuality and the LGBT population.
Correction

This mixes up two different asylum cases. Matter of Acosta created the general “immutable characteristic” test, but it did not explicitly recognize homosexuality; the sexual-orientation precedent was Matter of Toboso-Alfonso.

Full reasoning

This passage conflates Matter of Acosta with Matter of Toboso-Alfonso.

  • In Matter of Acosta (BIA 1985), the Board interpreted “particular social group” to mean a group sharing a common, immutable characteristic. The decision gives examples such as sex, color, or kinship ties, and then applies the rule to a Salvadoran taxi-driver/cooperative case. It does not say that homosexuality or LGBT status is explicitly included.
  • The precedential immigration case that actually addressed homosexuality as a particular social group was Matter of Toboso-Alfonso. In that case, the Board discussed a Cuban applicant who asserted that he was persecuted because he was a homosexual, and the Board upheld relief on that basis.

So Acosta is important for the legal test, but the article is incorrect to say Acosta itself explicitly expanded the definition to include homosexuality and the LGBT population.

2 sources
  • Matter of Acosta, 19 I&N Dec. 211 (BIA 1985)

    The shared characteristic might be an innate one such as sex, color, or kinship ties ... The respondent's case ... [involved] being a taxi driver in San Salvador and refusing to participate in guerrilla-sponsored work stoppages.

  • Matter of Toboso-Alfonso, 20 I&N Dec. 819 (BIA 1990)

    In the instant case, the applicant asserts that he is a homosexual ... He submits that homosexuals form a particular social group in Cuba and suffer persecution by the government as a result of that status.

3
Claim
On June 11, 2018, Attorney General Jeff Sessions reversed that precedent and announced that victims of domestic abuse or gang violence will no longer qualify for asylum.
Correction

Sessions did not impose a total ban on those claims. Matter of A-B- said such claims generally would not qualify, not that they could never qualify, and that decision was later vacated in 2021.

Full reasoning

This overstates what Matter of A-B- did.

In the 2018 decision, Attorney General Sessions wrote that “Generally” claims involving domestic violence or gang violence by nongovernmental actors would not qualify for asylum. That is not the same as saying such applicants “will no longer qualify” across the board. The decision announced a restrictive approach, but it was not a categorical rule that all such claims were barred.

The article’s wording is also inaccurate because the decision was later vacated. In 2021, Attorney General Garland vacated the 2018 A-B- decision and described it as having held that, in general, private-violence claims would not qualify except perhaps in exceptional circumstances. So the absolute phrasing in the article is stronger than the decision itself and is legally incorrect.

2 sources
4
Claim
However, in 2002 the Board of Immigration Appeals "suggested in an ambiguous and internally inconsistent decision that the 'protected characteristic' and 'social visibility' tests may represent dual requirements in all social group cases."
Correction

The date is wrong. The BIA’s ‘social visibility’ formulation is associated with Matter of C-A- in 2006, not a 2002 BIA decision.

Full reasoning

This sentence misdates the BIA’s use of the ‘social visibility’ concept.

The Board’s precedential decision in Matter of C-A-, published in 2006, states that “[t]he social visibility of the members of a claimed social group is an important consideration” in identifying a particular social group. DOJ has also described the BIA as having issued the relevant precedential decisions on this point between 2006 and 2008.

So attributing that ‘social visibility’ requirement to 2002 is incorrect.

2 sources
  • Matter of C-A-, 23 I&N Dec. 951 (BIA 2006)

    Published June 15, 2006 ... The social visibility of the members of a claimed social group is an important consideration in identifying the existence of a 'particular social group' for the purpose of determining whether a person qualifies as a refugee.

  • Contreras-Martinez v. Holder - Opposition | Department of Justice

    Between 2006 and 2008, in response to the evolving nature of claims presented by aliens seeking asylum and developing case law in the courts of appeals, the BIA issued four precedential decisions that were designed to provide 'greater specificity' in defining the phrase 'particular social group.'

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