BIA Issues Two Decisions Addressing Persecution, Pattern-or-Practice Claims, and Credibility Requirements in Protection Cases
In June, the BIA issued two decisions on persecution, pattern-or-practice claims, and credibility issues in protection cases. In Matter of I–U–V–, decided on June 1, 2026, the BIA held that harm or injury suffered while a respondent is a minor does not necessarily constitute persecution and that a withholding of removal claim based on an assertion that there is a pattern or practice of persecution against a protected group still requires an objective showing of a clear probability of persecution and does not have a subjective component. The BIA sustained DHS’s appeal, vacated the IJ’s decision granting withholding of removal, and remanded the record for a new decision on withholding of removal and protection under the Convention Against Torture (CAT). In Matter of I–S–M–, decided on June 4, 2026, the BIA held that the IJ properly found the respondent not credible, and ultimately ineligible for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), due to various inconsistencies related to the respondent’s identity. The BIA dismissed the appeal.