Holding (1) that 8 U.S.C. § 1229a(b)(1) imposes upon IJs a duty to fully develop the record in all immigration court proceedings, and (2) that Matter of W-Y-C- & H-O-B- does not apply to pro se asylum seekers insofar it requires them to explicitly identify their proposed PSG before the IJ or forfeit that PSG on appeal. Instead, IJs have a duty to help pro se asylum seekers articulate any cognizable social group supported by the facts of their claims; failure by IJs to fully develop the record constitutes a presumptively prejudicial error.
Date of Decision
Published
