BIA on Withholding: Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021)

Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021) - Where the Department of Homeland Security states that an applicant may be removed to a country pursuant to section 241(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(2) (2018), the applicant may seek withholding of removal from that country in withholding-only proceedings, even if that country is different from the country of removal that was originally designated in the reinstated removal order on which the withholding-only proceedings are based.

"We therefore hold that where, as here, the DHS states that an applicant may be removed to a country pursuant to section 241(b)(2) of the Act, the applicant may seek withholding of removal from that country in withholding-only proceedings, even if that country is different from the country that was originally designated in the reinstated removal order on which the withholding-only proceedings are based."