UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) GRACE, et al., ) ) Plaintiffs, ) v. ) ) No. 18-cv-01853 (EGS) ) MATTHEW G. WHITAKER, 1 Acting ) Attorney General of the United ) States, et al., ) ) Defendants. ) MEMORANDUM OPINION When Congress passed the Refugee Act in 1980, it made its intentions clear: the purpose was to enforce the “historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands.” Refugee Act of 1980, § 101(a), Pub. L. No. 96–212, 94 Stat. 102 (1980). Years later, Congress amended the immigration laws to provide for expedited removal of those seeking admission to the United States. Under the expedited removal process, an alien could be summarily removed after a preliminary inspection by an immigration officer, so long as the alien did not have a credible fear of persecution by his or her country of origin. In 1 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court substitutes the current Acting Attorney General as the defendant in this case. “Plaintiffs take no position at this time regarding the identity of the current Acting Attorney General of the United States.” Civil Statement, ECF No. 101. creating this framework, Congress struck a balance between an efficient immigration system and ensuring that “there should be no danger that an alien with a genuine asylum claim will be returned to persecution.” H.R. REP. NO. 104-469, pt. 1, at 158 (1996). Seeking an opportunity for asylum, plaintiffs, twelve adults and children, alleged accounts of sexual abuse, kidnappings, and beatings in their home countries during interviews with asylum officers. 2 These interviews were designed to evaluate whether plaintiffs had a credible fear of persecution by their respective home countries. A credible fear of persecution is defined as a “significant possibility” that the alien “could establish eligibility for asylum.” 8 U.S.C. § 1225(b)(1)(B)(v). Although the asylum officers found that plaintiffs’ accounts were sincere, the officers denied their claims after applying the standards set forth in a recent precedential immigration decision issued by then-Attorney General, Jefferson B. Sessions, Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018). Plaintiffs bring this action against the Attorney General alleging violations of, inter alia, the Administrative Procedure Act (“APA”) and the Immigration and Nationality Act (“INA”), 2 Plaintiffs Grace, Carmen, Gio, Gina, Maria, Mina, Nora, and Mona are proceeding under pseudonyms. 2 arguing that the standards articulated in Matter of A-B-, and a subsequent Policy Memorandum issued by the Department of Homeland Security (“DHS”) (collectively “credible fear policies”), unlawfully and arbitrarily imposed a heightened standard to their credible fear determinations. Pending before the Court are: (1) plaintiffs’ combined motions for a preliminary injunction and cross-motion for summary judgment; (2) plaintiffs’ motion to consider evidence outside the administrative record; (3) the government’s motion to strike exhibits supporting plaintiffs’ motion for summary judgment; and (4) the government’s motion for summary judgment. Upon consideration of the parties’ memoranda, ...
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