Featured Issue: Asylum Under Trump 2.0
On the first day of his second term, President Trump suspended all entries at the U.S. Southern Border for asylum seekers. Since then, the Administration has implemented sweeping restrictions that shut America’s doors to people fleeing persecution. These policies violate federal law, erode constitutionally protected due process, exacerbate the asylum backlog, and give those seeking safety an increasingly narrow path to protection.
Left unchecked by Congress, these policies will have dire consequences for both asylum seekers and the integrity of our legal system. Asylum seekers—especially those without access to counsel—are at grave risk of being returned to harm.
It doesn’t have to be this way. The Administration can maintain order at U.S. borders and effectively manage migration without sacrificing fairness and adherence to the law. With more trained asylum officers, a streamlined legal process, legal representation for asylum seekers, and more effective coordination between relevant agencies, the U.S. can establish a safe, orderly, and humane asylum system.
Browse the Featured Issue: Asylum Under Trump 2.0 collection
Asylum Cases on Material Support Bar
This issue-specific page lists published asylum cases that relate to the material support bar. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
CA9 Denies Motion to Stay Removal Where Petitioners Failed to Show Likelihood of Success or Irreparable Harm
The court denied the petitioners’ motion to stay removal pending disposition of their petition for review, finding they failed to show a likelihood of success on their asylum and related claims or particularized irreparable harm under Nken v. Holder. (Rojas-Espinoza v. Bondi, 10/24/25)
AILA Law Journal, Vol. 7, Number 2, October 2025
The October 2025 edition of the AILA Law Journal is now available.
Practice Pointer: Pretermission of Asylum Applications: New Case Law and Policy Developments
Practice pointer on new threats to due process regarding expanding efforts to pretermit asylum claims without hearings—citing new BIA precedent and policy targeting Central/South Americans.
Attorney General Reinstates Matter of Negusie, Reaffirming No Duress Exception to Persecutor Bar
The AG vacated the stay of the BIA’s 2021 order and reinstated Matter of Negusie, which held that the bar to asylum eligibility for noncitizens who have engaged or assisted in the persecution of another does not contain a duress exception. Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025)
USCRI Survey: Follow to Join-Asylum and the Travel Ban
USCRI is conducting a FTJ-Asylum Travel Ban survey. Many families are facing danger waiting outside the U.S. Seeking reps to complete anonymized survey for impacted cases. Survey goal: use results for resources and advocacy. Timeline: By 11/27/25
Call for Examples: Defending Asylum - Collecting Stories for Advocacy (including Dismissals and Pretermissions)
AILA is collecting stories and data of asylum seekers who have been harmed or deeply impacted by changes in policy. We are particularly focused on people whose claims have been dismissed or pretermitted in either USCIS or immigration courts since 1/22/25.
CA9 Upholds IJ’s Adverse Credibility Finding Where Petitioner’s Marriage Fraud Was Not Central to His Asylum Claim
The court held that substantial evidence supported IJ’s adverse credibility finding based on petitioner’s marriage fraud to obtain immigration status, which, although not directly related to his persecution claim, was sufficient for the IJ to find him not credible. (Ani v. Bondi, 10/16/25)
CA10 Remands for Reinstatement of IJ’s Asylum Grant Where BIA Misapplied Clear-Error Standard of Review
The court held that the BIA misapplied the clear-error standard in 8 CFR §1003.1(d)(3)(i) when evaluating the IJ’s factual findings on nexus, internal relocation, and the Honduran government’s ability and willingness to protect the petitioner. (Ramos, et al. v. Bondi, 10/15/25)
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
Policy Brief: Chaotic Policy Changes Are Ending Access to Asylum in America
The Trump Administration's numerous asylum policy changes over the past year have made it harder for individuals to access lifesaving protections. This brief overviews the consequences of these policy changes and possible reforms to make the asylum system more fair, accurate, and humane.
CA10 Upholds Denial of Asylum to Colombian Petitioners Who Alleged Persecution Based on Political Opinion
The court held that substantial evidence supported the BIA’s denial of asylum, finding that there was no past persecution, nexus to political opinion, or government unwillingness to protect, and concluding that safe relocation was possible within Colombia. (Jimenez, et al. v. Bondi, 10/7/25)
CA3 Remands Where BIA Misapplied Particularly Serious Crime Test and Failed to Address CAT and Waiver Claims
The court found that BIA misapplied the particularly serious crime framework for petitioner’s asylum and withholding claims, failed to properly assess his Convention Against Torture (CAT) claim, and failed to inform him of eligibility for an INA §212(h) waiver. (Amos v. Att’y Gen., 10/1/25)
CA9 Remands Mexican Petitioner's CAT Claim Where BIA Failed to Consider Expert Testimony and Country Conditions
The court held that the BIA failed to give reasoned consideration to extensive expert testimony and country-conditions evidence regarding the risk of torture to the Mexican petitioner, and thus remanded petitioner’s Convention Against Torture (CAT) claim. (Uc Encarnacion v. Bondi, 9/30/25)
CA10 Remands Where BIA Incorrectly Treated Petitioner’s Asylum Appeal as Waived
The court denied the petition for review as to cancellation of removal, but found that the BIA abused its discretion by treating the petitioner’s asylum appeal as waived, and thus remanded for the BIA to address the merits of the petitioner’s asylum appeal. (Rangel-Fuentes v. Bondi, 9/29/25)
BIA Holds That Perceived PSG Membership Requires Cognizable Underlying Group
The BIA held that perceived or imputed membership in a proposed particular social group (PSG) will only satisfy PSG requirements if the underlying group of which respondent is perceived to be a member is, standing alone, sufficiently cognizable. Matter of L–A–L–T–, 29 I&N Dec. 269 (BIA 2025)
Policy Brief: Militarizing Immigration Courtrooms
On August 28, DOJ finalized a new rule that lowers the eligibility standards for temporary immigration judges, increasing concerns about their ability to rule fairly and efficiently while undermining due process. This policy brief explores these new changes and potential impacts.
Policy Brief: USCIS’s Unlawful Asylum Dismissals Increase Government Inefficiency and Harm Asylum Seekers
The Trump Administration is unlawfully fast-tracking deportations for certain asylum seekers, using expedited removal (ER) against people DHS previously admitted on valid visas or paroled into the U.S., despite the ER statute not applying to them, which was confirmed in a recent court ruling.
CA1 Dismisses Asylum Claim and Upholds Denial of Withholding and CAT Protection as to Guatemalan Petitioner
The court dismissed petitioner’s asylum claim for lack of jurisdiction under INA §208(a)(2)(D) and upheld the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief as to petitioner, who was threatened by hooded men in Guatemala. (Zapet-Alvarado v. Bondi, 9/22/25)
DHS Notice on New Collection of Social Media Identifier(s) on Immigration Forms
DHS notice and request for comments on a new generic clearance for the collection of social media identifier(s) on immigration forms, in accordance with EO 14161. This will apply to forms N- I-131, I-192, I-485, I-589, I-590, I-730, I-751, and I-829. Comments are due 10/16/25. (90 FR 44693, 9/16/25)
Updates to Settlement in Class Action Lawsuit Challenging Asylum Adjudication Delays for Afghans
On 9/11/25, USCIS issued a Public Status Report containing class member asylum data for Ahmed v. DHS. The class action lawsuit challenged DHS’s failure to adjudicate asylum applications for Afghans who arrived in the U.S. under “Operation Allies Welcome” within Congress’s 150-day deadline.
BIA Holds That IJs May Pretermit Asylum and Related Applications That Do Not Establish Prima Facie Eligibility
The BIA held that if factual allegations in a claim for asylum, withholding, or CAT protection, viewed in the light most favorable to respondent, do not prove prima facie eligibility for relief or protection, an IJ may pretermit the applications. Matter of H—A—A—V—, 29 I&N Dec. 233 (BIA 2025)
Practice Alert on Matter of A-B- and Matter of L-E-A-
On September 2, 2025, Attorney General Pam Bondi reinstated two precedent decisions from the first Trump Administration: 1) Matter of A-B- (both "I" from 2018 and "II" from 2021) and 2) Matter of L-E-A-. These decisions restrict asylum eligibility based on domestic violence and family membership.
AILA Recommends a NO vote on H.R. 3486 Stop Illegal Entry Act of 2025
AILA urges a NO vote on H.R. 3486, the Stop Illegal Entry Act, scheduled for a vote in the House on 9/11/25. This bill imposes disproportionately harsh punishments on illegal entry and reentry. Instead of this extreme, costly and ineffective approach, Congress should enact bipartisan solutions.
CA8 Upholds Denial of Motion to Reopen Based on Derivative Citizenship, Competency, and Asylum Claims
The court upheld the BIA’s denial of the petitioner’s motion to reopen, rejecting his derivative citizenship claim, deeming his competency challenge waived, barring his asylum claim under INA §241(b)(3)(B), and finding his T-visa claim moot. (Myers v. Bondi, 9/8/25)