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
CA3 Finds IJ Did Not Abuse His Discretion in Denying Petitioner’s Asylum Application in First Instance and Upon Reconsideration
The court held that the IJ did not act arbitrarily or capriciously in finding that petitioner was not entitled to asylum in the first instance, and that the IJ reconsidered the discretionary denial of asylum in accordance with 8 CFR §1208.16(e) and caselaw. (Thankarasa v. Att’y Gen., 4/10/25)
BIA Clarifies Acquiescence Standard for CAT Claims Versus Asylum and Withholding Claims
The BIA held that, to meet the acquiescence standard for Convention Against Torture (CAT) protection, it is not sufficient to prove the potential for private actor violence coupled with a speculation that police cannot or will not help. Matter of M–S–I–, 29 I&N Dec. 61 (BIA 2025)
Practice Pointer: Recommended Steps for Creating a Congressional Inquiry
Due to changes in case assistance options, currently, the only available option to request case assistance for problematic cases is via a congressional inquiry. AILA National provides this practice pointer with recommended steps to take when preparing to request congressional assistance.
Practice Alert: USCIS Memo on Administrative Hold on Certain Parole Programs
AILA provides a practice alert on the 2/14/25 memorandum from Andrew Davidson, Acting Deputy Director, authorizing an “immediate USCIS-wide administrative hold on all pending benefits requests” filed by noncitizens who are or were paroled into the United States under the U4U, CHNV, or FRP processes.
HHS Notice of Change of Eligibility Period for Refugee Cash and Medical Assistance
HHS notice of the shortening of the Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) eligibility period from 12 months to four months of assistance for participants who become eligible for ORR benefits 45 days after publication of this notice. (90 FR 13370, 3/21/25)
BIA Holds That an IJ May Not Deem an Asylum Application Abandoned Solely Because Respondent Did Not Submit a Declaration
The BIA held that because declarations are not a constituent part of an asylum application, a Form I-589 is not incomplete, and an IJ may not deem it abandoned, solely because the respondent did not submit one. Matter of C–A–R–R–, 29 I&N Dec. 13 (BIA 2025)
CA9 Upholds Denial of Asylum Where BIA Concluded That Indian Petitioner Fabricated His Story
The court held that substantial evidence supported the BIA’s determination that the petitioner lacked credibility because his claim exhibited significant linguistic and factual similarities to other claims filed in the past by other asylum applicants from India. (Singh v. Bondi, 3/17/25)
CA7 Upholds Asylum Denial to Petitioner Who Feared Persecution in Uzbekistan Based on His Conversion to Catholicism
Where the petitioner challenged the denial of his asylum claim on untimeliness grounds, the court found that the “reasonable time” regulation was valid, and concluded that it lacked jurisdiction to consider the timing of the petitioner’s change in circumstances. (Gulomjonov v. Bondi, 3/14/25)
DOS Provides Update on I-730 Following-to-Join Refugee Processing
DOS provided an update on I-730 following-to-join refugee processing stating that DOS has resumed processing of following-to-join beneficiaries who are relatives of refugees already in the United States.
CA6 Upholds Asylum Denial to Petitioners Who Were Threatened by Loan Sharks in India
The court held that there was a lack of nexus between the petitioners’ proposed social groups and their risk of future persecution, finding that petitioners failed to show that a reason the loan sharks threatened them was because they were loan-shark victims. (Patel, et al. v. Bondi, 3/11/25)
CA10 Upholds Asylum Denial to Indian Petitioner Who Feared Persecution from Badal Party Members
The court held that the BIA did not misinterpret the unable-or-unwilling standard in ruling that petitioner failed to prove India was unable or unwilling to protect him from private persecutors, and found BIA’s factfinding satisfied the substantial evidence standard. (Singh v. Bondi, 3/11/25)
Reuters Releases Updated Guidance From ICE on Expedited Removal
Reuters published a story today, containing the email guidance from ICE ERO on updated policies regarding expedited removal and certain detentions.
CA2 Remands Asylum Claim of Chinese Petitioner Whose Home Was Demolished Without Just Compensation
Where petitioner claimed he had been persecuted by the Chinese government due to his opposition to its “forcible demolition” policy, the court held that the IJ and BIA failed to consider material evidence bearing on petitioner’s claims for asylum and related relief. (Tian v. Bondi, 3/5/25)
CA11 Upholds Denial of Withholding and CAT Relief to Nicaraguan Petitioner Who Feared Persecution Due to Family’s Political Activities
The court found that petitioner had not established a well-founded fear of persecution, reasoning that the bulk of his claims of persecution of his family members in Nicaragua were so “dated” that they could not support an inference of future persecution. (Laguna Rivera v. Att’y Gen., 3/5/25)
Practice Alert: USCIS Policy Memo on the Issuances of NTAs
On February 28, 2025, USCIS detailing guidance regarding USCIS issuance of Notices to Appear (NTAs). This practice alert summarizes the memo and provides practice advice in light of the memo's directives.
Know Your Rights: If ICE Stops You in Public
This flyer outlines essential information for clients about their constitutional rights in the U.S. If ICE agents stop you in public, it's crucial to understand your rights. You have the right to remain silent, decline to show id, and request legal representation before signing any documents.
Know Your Rights: If ICE Comes to Your Workplace (For Employees)
This flyer provides crucial information for employees about their constitutional rights if ICE agents come to your workplace. You have the right to remain silent, decline to show ID, and request a lawyer before signing any documents.
CA4 Holds That Salvadoran Asylum Seeker Failed to Meet “Unable or Unwilling” Government Control Requirement
Upholding the BIA’s denial of the petitioner’s motion to reconsider his asylum application, the court held that circuit precedent requires an applicant to show the home government’s inability or unwillingness to control a non-state persecutor. (Molina-Diaz v. Bondi, 2/19/25)
CA8 Upholds Asylum Denial Where Algerian Petitioners’ Son with Disability Was Denied Medical Care
The court held that substantial evidence supported the BIA’s conclusion that the lack of medical treatment received by petitioners’ son with spina bifida arose from motives unrelated to persecution by the Algerian government, and thus upheld the denial of asylum. (Ferchichi v. Bondi, 2/14/25)
Executive Order on Addressing Actions of South Africa
On 2/7/25, President Trump issued Executive Order (EO) 14204, “Addressing Egregious Actions of the Republic of South Africa,” stating that it is U.S. policy to promote the resettlement of Afrikaner refugees, as long as South Africa continues “unjust and immoral practices.” (90 FR 9497, 2/12/25)
CA1 Upholds Asylum Denial After Finding Petitioner’s Ex-Partner Was Motivated to Harm Her Based on Personal Issues
The court upheld the BIA’s conclusion that petitioner, whose particular social group (PSG) consisted of “Brazilian women who are victims of domestic violence,” did not show the requisite nexus between her proffered social group and any past or future harm. (Sanches Alves v. Bondi, 2/12/25)
District Court Approves Class Action Settlement Agreement in Ms. L. v. ICE
The district court approved a class action settlement agreement in a lawsuit relating to families who were apprehended together by the U.S. government at the U.S.-Mexico border between 1/20/17 and 1/20/21, but were then separated and kept apart. (Ms. L., et al. v. ICE, et al., 12/1/23)
Practice Alert: Changes to Virtual Service in Recent EOIR Policy Manual Updates
EOIR issued changes to the immigration court practice manual that have significant implications on service of OPLA.
DOS Provides Update on I-730 Following-to-Join Refugee Processing
DOS provided an update on I-730 following-to-join refugee (FTJ-R) processing in light of the 1/20/25 Executive Order 14163, stating that the suspension of the processing of all refugee applications includes FTJ-R travel eligibility determinations conducted at consular posts and embassies overseas.
CA8 Upholds Denial of Asylum Where Petitioners’ Persecutor Was Later Murdered
The court upheld the BIA’s denial of asylum as to the mother and daughter petitioners from Mexico, where the mother had experienced while pregnant a physical assault by her cousin, who was later murdered, but no harm had come to her daughter in utero. (Becerril-Sanchez v. Bondi, 2/6/25)