Non-Cognizability of Domestic Violence Particular Social Groups and Standard for Marriage Validity (Matter of V-A-B-)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

Operative dateMay 8, 2026

CategoryHumanitarian / asylum and withholding of removal

Policy toolBinding administrative precedent / adjudication criteria

Affected groupApplicants for asylum and withholding of removal asserting domestic-violence-based particular social groups

Policy effect

Establishes nationwide precedent holding that a proposed particular social group defined as 'married Mexican women who are unable to leave their relationship' is not cognizable due to circularity and lack of particularity, and holds that a lawful marriage cannot be presumed solely based on cohabitation or shared children. Phase scope: Nationwide binding precedent across EOIR and DHS adjudications

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Cite as 29 I&N Dec. 621 (BIA 2026) Interim Decision #4192 Matter of V-A-B-, Applicant Decided May 8, 2026 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) The proposed particular social group defined as “married Mexican women who are unable to leave their relationship” is not cognizable under the Immigration and Nationality Act because it is circularly defined and lacks particularity. (2) The existence of a lawful marriage cannot be presumed simply because two persons are cohabitating or have children in common. FOR THE APPLICANT: Gina M. Fraga … marriage is generally determined by the law of the place of the celebration.” Matter of Da Silva, 15 I&N Dec. 778, 779 (BIA 1976). Thus, when determining whether a person is or was married, the Immigration Judge must, at a minimum, determine the place of the alleged marriage, the date of the alleged marriage, and the applicable law existing at the time and place of the claimed marriage. The Immigration Judge must then determine whether the applicant was married under the applicable law and, if so, the dates the marriage existed. The existence of a lawful marriage cannot be presumed simply because …

justice.govMatter of V-A-B-, 29 I&N Dec. 621 (BIA 2026)Open official source

Retrieved from https://justice.gov/eoir/media/1439986/dl

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-c3750263dcd2b3820bba. Something wrong? Flag this record.

Non-Cognizability of Domestic Violence Particular Social Groups and Standard for Marriage Validity (Matter of V-A-B-)

Policy effect

Official source excerpt

Review method

Other United States changes operative in 2026