CAST conducted a wrap-up of 2022 T nonimmigrant (I-914) AAO decisions that have been uploaded to AAO’s non-precedent decision repository as of December 28, 2022.)

(Note: New cases are uploaded daily/weekly, so this may not complete for all AAO appellate adjudications in 2022 at the time of this posting.)

You can view the 2022 decisions, along with prior AAO decisions, via CAST’s Airtable.

Here’s the data CAST has compiled of the 2022 decisions available through December 28, 2022:

• 102 available AAO cases (~35% decrease from 2021)
• In 2022, the most frequent bases for appeal were:
  • Severe form of trafficking: 62 decisions (~2% decrease from 2021)
  • Physical presence: 32 decisions (~44% decrease from 2021)
• Physical presence decisions
  • 19 remanded (~59%)
  • 13 dismissed (~41%)
• Severe form of trafficking decisions
  • 45 dismissed (~73%)
  • 17 remanded (~22%)
  • Of the appeals addressing whether the applicant was a victim of a severe form of trafficking, most of the cases deal with smuggling/border victimization or intimate partner/family violence.
• Intimate partner/family violence cases (where the alleged trafficker is also an intimate partner or family member) make up ~25% of the severe form of trafficking decisions
  • 8 dismissed (~53%)
  • 7 remanded (~47%)
• Smuggling/Border cases (where the victimization took place near at the border) make up ~40% of the of the severe form of trafficking decisions
  • 19 dismissed (~79%)
  • 5 remanded (~21%)

Basis for Appeal to AAO for 2022 Decisions (through December 28, 2022):