10/09/2026
NEW BIA PRECEDENT — October 9, 2026
The BIA issued Matter of B-S-A-N-, 30 I&N Dec. 145 (BIA 2026) today.
The Board held that:
• Immigration Judges should generally deny asylum, as a matter of discretion, to nationals of highly developed democracies that broadly protect human rights, absent extraordinary circumstances.
• EU citizens are presumptively ineligible for a discretionary grant of asylum because they may lawfully reside in other EU countries.
This is a significant new precedent affecting asylum adjudications.
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