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
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)
EOIR Issues Memo on Re-Establishing a Robust Anti-Fraud Program
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-19 stating that EOIR is committed to re-establishing a robust and effective Anti-Fraud Program that will provide resources to employees on how to identify and report suspected fraud, coordinate with investigative authorities, and more.
CA4 Holds That BIA Failed to Consider Relevant Evidence in Finding Petitioner Could Relocate in Honduras
The court held that the BIA ignored legally relevant evidence when it reversed the IJ’s decision granting deferral of removal under the Convention Against Torture (CAT) after determining that petitioner had failed to prove he could relocate safely in Honduras. (Funez-Ortiz v. McHenry, 2/4/25)
BIA Holds That Supplemental Filing to Motion to Reopen with Fundamentally Different Claims Is Treated as Separate Motion
The BIA held that a supplemental filing to a motion to reopen that raises claims that are fundamentally different from those raised in the original motion is treated as a separate motion. Matter of D–E–B–, 29 I&N Dec. 83 (BIA 2025)
2025 AILA Annual Conference and Webcast on Immigration Law
Registration is now open for the 2025 AILA Annual Conference and Webcast on Immigration Law. Join thousands of immigration attorneys, professors, paralegals, students, and special guests on June 18-21 in Denver, CO, as we recharge our spirits, hone our skills, and strengthen our community.
EOIR Reinstates Policy Memos with Guidance on Asylum Applications and Continuances
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-17 rescinding and canceling Director’s Memorandum (DM) 22-05 and reinstating Policy Memoranda (PM) 19-05, 21-06, and 21-13, which provide guidance on the processing and adjudication of asylum applications and on continuances.
Know Your Rights: If ICE Visits Your Home
This flyer provides important information for clients regarding their constitutional rights in the U.S. If ICE agents come to your door, you don’t have to let them in without a valid warrant. You can remain silent, refuse to show ID, and request a lawyer before signing any documents.
Executive Order on U.S. Border Security
On 1/20/25, President Trump issued Executive Order (EO) 14165 that calls for a number of DHS and DOD measures, including physical barriers; increased border personnel; expanded detention; Remain in Mexico policies; ceasing use of CBP One; terminating parole programs; and more. (90 FR 8467, 1/30/25)
Executive Order Suspending the U.S. Refugee Admissions Program
On 1/20/25, President Trump issued Executive Order (EO) 14163 that, among other actions, suspends the U.S. Refugee Assistance Program (USRAP) effective at 12:01am (ET) on 1/27/25. (90 FR 8459, 1/30/25)
EOIR Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.