Asylum Defense in 2026: How to Build the Trial Record and Plead PSG Claims After Urias-Orellana

Daniella Prieshoff
Anne Peterson
Anne Dutton
Daniella Prieshoff | Tahirih Justice Center
Anne Peterson | Center for Gender & Refugee Studies
Anne Dutton | Center for Gender & Refugee Studies

Live Video-Broadcast: August 6, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

The Supreme Court's 2026 decision in Urias-Orellana v. Bondi holds that substantial evidence governs the entire persecution determination. That changes what you must build into the trial record—before the immigration judge ever rules.

Miss the pretermission window, and EOIR PM 25-28 and Matter of H-A-A-V- can end the case before a hearing. Fall short on corroboration, and Matter of G-C-I- and the I-589 completeness rules cut against you. Plead the social group loosely, and the revived Matter of A-B- I hands the agency its denial.

You leave with a record-building checklist tuned to the new standard, viable PSG formulations that survive particularity and circularity, arguments to challenge the agency's unlawful standards, and a clear read on which claims still win.

What Will You Learn

How substantial evidence now governs the persecution determination, how pretermission compresses record-building, and how the revived Matter of A-B- I reshapes PSG and domestic violence-based asylum pleading.

What Will You Gain

A working checklist for front-loading evidence and defending pretermission, viable PSG formulation strategies, arguments for challenging the agency's unlawful standards, and clarity on which claims remain viable.

Key topics to be discussed:

  • Substantial evidence
    Build the trial record to the standard Urias-Orellana now applies across the entire persecution determination.
  • Pretermission
    Defend the record against EOIR PM 25-28 and Matter of H-A-A-V-.
  • Corroboration
    Meet tightened standards under Matter of G-C-I- and the REAL ID Act.
  • PSG formulation
    Build viable definitions under new particularity and circularity interpretations.
  • A-B- dicta
    Argue around the general rule against private-violence claims and heightened protection.
  • Circuit conflicts
    Leverage conflicting appellate authority and post-Loper Bright deference arguments.

This course is co-sponsored with myLawCLE.

Date / Time: August 6, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Daniella Prieshoff, Managing Attorney | Tahirih Justice Center

Daniella Prieshoff is the Senior Managing Attorney at Tahirih Justice Center’s Maryland office, where she provides trauma-informed counsel and representation to immigrant survivors of gender-based violence. She represents survivors in defensive and affirmative asylum, withholding of removal, relief under the CAT, VAWA cancellation of removal, VAWA petitions, and T and U visa petitions before the immigration courts, the Board of Immigration Appeals, and U.S. Citizenship and Immigration Services. She is adjunct faculty at the University of Baltimore School of Law, teaching trial advocacy, and is a native Spanish speaker.

  • Education & Credentials

Daniella earned her J.D. from the University of Baltimore Law School in 2012 and her B.A. from the University of Maryland, College Park. She began her legal career in 2012 as judicial law clerk to the Honorable Glenn T. Harrell on the Maryland Supreme Court.

  • Recognition & Leadership

Daniella serves on the Legal Advisory Council for the HEAL Refugee Health & Asylum Collaborative’s Forensic Evaluation Clinic.

  • Professional Involvement

Daniella is adjunct faculty at the University of Baltimore School of Law, where she teaches trial advocacy.

  • Experience

Before re-joining Tahirih in 2021, Daniella was a Senior Attorney at Kids in Need of Defense, where she supervised a team of attorneys and a paralegal and advocated for unaccompanied immigrant children in their asylum, Special Immigrant Juvenile Status, and T and U visa petitions. Earlier, she was a Senior Attorney at Tahirih’s Baltimore office, advocating for immigrant survivors of gender-based violence in their immigration and domestic relations matters, and a Staff Attorney at Farmworker Legal Services of Michigan, where she represented indigent immigrant farmworkers in immigration and employment cases, initiated an advocacy project to expand representation of workplace sexual assault survivors, and developed a community partners network sensitive to their needs.

 

Anne Peterson, Senior Counsel | Center for Gender & Refugee Studies

Anne Peterson is Senior Counsel at the Center for Gender & Refugee Studies (“CGRS”), where her work includes advocating for asylum seekers’ rights and protections through strategic litigation and amici support and by providing technical assistance and training to asylum practitioners. Anne has over sixteen years of experience representing clients before the immigration courts, the Board of Immigration Appeals, and the Federal District Courts and Courts of Appeals.

  • Education & Credentials

Anne earned her J.D. from Golden Gate University School of Law and her B.A. in English/Socio-linguistics from The Evergreen State College. She is admitted to practice in California, Washington, and New York, and before numerous Federal District Courts and Courts of Appeals.

  • Recognition & Leadership

Anne’s litigation advocacy has resulted in several positive precedential decisions. Most recently she was co-counsel in Alfaro-Zelaya v. Bondi, a nexus and Convention Against Torture challenge in a gender-based persecution claim, and O.C.V. v. Garland, which overturned Matter of M-R-M-S-, and was amicus counsel in Tipan Lopez v. U.S. Attorney General, which rejected the BIA’s restrictive nexus test.

  • Professional Involvement

Anne advocates for asylum seekers through strategic litigation and amici support, regulatory analysis and policy advocacy, and developing practice advisories and presenting trainings for advocates. She provides technical assistance to attorneys and focuses on educating and mentoring other attorneys and collaborating to develop case strategies.

  • Experience

Anne represents clients before the immigration courts, the Board of Immigration Appeals, and the Federal District Courts and Courts of Appeals, with litigation advocacy that has produced several positive precedential decisions. Before law school, she worked as a chef in San Francisco, California, and Seattle, Washington.

 

Anne Dutton, Senior Counsel | Center for Gender & Refugee Studies

Anne Dutton is Senior Counsel at the Center for Gender & Refugee Studies (“CGRS”), where she engages in strategic litigation on a range of asylum issues and provides technical assistance and training to other attorneys representing asylum seekers. Anne first joined CGRS as an Equal Justice Works Fellow. She is a Spanish speaker.

  • Education & Credentials

Anne earned her J.D. from the University of Minnesota Law School and her M.S.W. from the University of Minnesota School of Social Work. She received her B.A. in Social Work, magna cum laude, from St. Olaf College. She is admitted to practice in California and Minnesota and clerked for the Honorable Gerard E. Lynch of the Second Circuit.

  • Recognition & Leadership

At the University of Minnesota Law School, Anne served as Student Director of the Federal Immigration Litigation Clinic and Articles Submission Editor of the University of Minnesota Law Review, graduating magna cum laude.

  • Professional Involvement

Anne engages in strategic litigation on a range of asylum issues and provides technical assistance and training to other attorneys representing asylum seekers. Prior to law school, she worked for Lutheran Immigration and Refugee Service’s policy advocacy office, covering issues related to unaccompanied children, immigration detention, and refugee and asylum law.

  • Experience

Anne first joined CGRS as an Equal Justice Works Emerson Fellow, where her work focused on advancing children’s asylum claims in jurisdictions including Atlanta, Charlotte, and Kansas City, serving as lead counsel on model cases involving child applicants from Central America, monitoring and intervening in key appellate cases, and providing training and technical assistance to pro bono attorneys. Before assuming her Staff Attorney role, she clerked for the Honorable Gerard E. Lynch of the Second Circuit.

Agenda

SESSION 1 – Building the Asylum Trial Record After Urias-Orellana | 1:00pm – 2:00pm

Examine how Urias-Orellana v. Bondi—holding substantial evidence governs the persecution determination—changes the trial record, how EOIR PM 25-28 and Matter of H-A-A-V- compress the window through pretermission, and how recent BIA decisions tighten corroboration and I-589 completeness.

BREAK | 2:00pm – 2:10pm

SESSION 2 – PSG and Gender-Based Claims After Matter of K-E-S-G- & S-S-F-M- | 2:10pm – 3:10pm

Examine how Matter of K-E-S-G- and Matter of S-S-F-M-, which resurrect Matter of A-B- I, reshape pleading particular social groups and domestic violence-based claims, and learn to formulate PSG definitions, argue around the revived dicta, and leverage conflicting circuit authority.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for CLE Credits
2 General

Indiana

Approved for CLE Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for CLE Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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