A-Y-M, 25 I. & N. Dec. 791

Respondent is a 23-year-old unmarried Salvadoran seeking derivative asylum based on her mother's asylum application.
Respondent was 16 when her mother sought admission in 2005; both conceded removability and applied for asylum in 2006.
Immigration Judge granted the mother’s asylum but denied the respondent’s asylum application.
Respondent may qualify for derivative asylum under 208(b)(3)(A) because she was listed on her mother’s application.
CSPA amended 208(b)(3) to preserve derivative child status for those who turn 21 after filing but while the application is pending, applying to this case because the mother’s application was filed after enactment.
Board sustained the appeal and remanded for background and identity checks, with further proceedings if necessary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondent qualifies for derivative asylum under 208(b)(3)(A).	Respondent argues derivative status based on mother’s asylum.	DHS contends derivative eligibility is through the mother’s grant, not independent relief.	Yes; derivative eligibility established.
Whether respondent retains 'child' status under CSPA 208(b)(3)(B) despite aging out.	Respondent argues she remains a child because she turned 21 while the application was pending.	DHS contends CSPA preserves child status for those who turn 21 during pendency.	Yes; continues to be classified as a child.

Akhtar v. Gonzales, 406 F.3d 399 (6th Cir. 2005) (CSPA broadens derivative asylum eligibility)
Dandan v. Ashcroft, 339 F.3d 567 (7th Cir. 2003) (CSPA applicability to derivative status)
Matter of Avila-Perez, 24 I&N Dec. 78 (BIA 2007) (sustains statutorily eligible derivation under CSPA)