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
BIA Finds Respondent a Flight Risk Where Asylum Application Listed Residence Different from Location of Apprehension
The BIA held that the discrepancies in the record as to whether the respondent resided in Oklahoma, where he was apprehended, or California, as claimed in his application, showed that he was a flight risk and did not warrant release on bond. Matter of Z–N–L–, 29 I&N Dec. 511 (BIA 2026)
Template - Asylum Cases
Template for list of asylum cases.
BIA Holds Generalized Violence Cannot Rebut Past Persecution Presumption and Finds Access Device Fraud Conspiracy a Particularly Serious Crime
The BIA held that an IJ cannot rely on generalized violence to find the presumption of future persecution unrebutted after DHS shows a fundamental change in circumstances and that access device fraud conspiracy is a particularly serious crime. Matter of R-B-E-, 29 I&N Dec. 499 (BIA 2026)
SCOTUS Limits Federal Courts’ Review of BIA Findings on Persecution
The Supreme Court rejected asylum seekers' arguments that federal courts should review de novo the BIA's determination whether their past mistreatment constitutes persecution, holding that they must defer to the BIA's finding using the substantial-evidence standard. (Urias-Orellana v. Bondi, 3/4/26)
AILA and Partners File Amicus Brief in Case on Asylum for Victims of Domestic Violence
This brief filed in Da Silva-Queiroga v. Bondi argues that a domestic-violence victim can gain asylum by virtue of having been persecuted on account of her membership in the particular social group of “Brazilian women,” or “Brazilian women unable to leave a domestic partnership.”
CA6 Upholds Adverse Credibility Finding and Rejects Pattern or Practice Claim as to Mauritanian Asylum Seeker
The court held that substantial evidence supported the adverse credibility determination based on inconsistencies, implausible testimony, and failure to corroborate, and that petitioner failed to show a pattern or practice of persecution of black Fulanis in Mauritania. (Sy v. Bondi, 3/3/26)
Client Flyer: New USCIS Policies Impacting Asylum Applicants, Refugees, and People from “High-Risk” Countries
AILA provides a flyer to inform your clients of USCIS policies pausing processing for many benefits requests and ordering re-review of certain approved applications. The flyer is available as a generic PDF as well as a Word version you can customize with your firm's information. Please share.
CA10 Upholds CAT Denial Where Mexican Petitioner with Mental Health Disabilities Failed to Show Specific Intent to Torture
The court held that substantial evidence supported the denial of CAT relief to the petitioner, who had cognitive and physical disabilities, finding that he failed to show it was more likely than not that he would be tortured with specific intent in Mexico. (Garcia-Botello v. Bondi, 2/25/26)
Asylum Cases on Miscellaneous
This issue-specific page lists miscellaneous published asylum cases by topic. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Social Group
This issue-specific page lists published asylum cases that relate to social groups. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Deferral of Removal Under CAT
This issue-specific page lists published asylum cases that relate to deferral of removal under CAT. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Frivolous Asylum Application
This issue-specific page lists published asylum cases that relate to frivolous asylum applications. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Serious Nonpolitical Crime
This issue-specific page lists published asylum cases that relate to serious nonpolitical crimes. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Past Persecution
This issue-specific page lists published asylum cases on past persecution. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
DHS Proposed Rule on Employment Authorization for Asylum Applicants
DHS NPRM on employment authorization for asylum applicants. Among other changes, the rule would stop acceptance of applicants’ EAD applications when average affirmative asylum processing time exceeds 180 days and extend the wait to apply to 365 days. Comments are due 4/24/26. (91 FR 8616, 2/23/26)
DHS to Publish NPRM Changing Asylum Seeker EAD Application Requirements
DHS will publish an NPRM changing EAD application requirements for asylum seekers. It would stop acceptance of asylum seekers' applications when average affirmative asylum processing time is over 180 days, extend the wait to apply to a year, and change processing time and eligibility requirements.
BIA Holds That Unique Child-Specific Reporting Barriers Do Not Apply to Adults and That IJ’s Internal Relocation Finding Was Erroneous
The BIA held that the unique barriers to reporting harm faced by children do not apply to adults, and that the IJ’s finding that the respondent could not reasonably relocate in Russia to avoid persecution was clearly erroneous. Matter of F–B–A–, 29 I&N Dec. 456 (BIA 2026)
Policy Brief: Right-Sizing Vetting for a Secure, Fair, and Efficient Immigration System
This brief explores the impact of recent changes to USCIS policy promoting “extreme vetting” and how a smarter, risk‑based approach to screening and vetting can enhance security while preserving fairness, efficiency, and constitutional principles.
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Alleged Years of Abuse by Former Partner
The court upheld the denial of asylum as to the Guatemalan petitioner, who alleged years of sexual and physical abuse at the hands of her former partner, finding that she failed to develop any challenge to the legal and factual bases for the BIA’s ruling. (Cante Mijangos v. Bondi, 2/18/26)
CA1 Vacates Asylum Denial as to Nepalese Petitioner Who Received Maoist Death Threats and Submitted Corroborating Evidence
The court held that the BIA erred by failing to consider potentially significant evidence the petitioner provided independent of his testimony pertaining to his likelihood of future persecution and torture, as relevant to his asylum and related claims. (Khanal, et al. v. Bondi, 2/18/26)
CA9 Orders Supplemental Briefing and Invites Amicus Briefs on Whether Circumvention of Lawful Pathways Rule Is Consistent with INA §208
The court vacated submission, ordered supplemental briefing, and invited amicus briefs on whether the Circumvention of Lawful Pathways rule at 8 CFR §1208.33(a) is consistent with INA §208. (Garcia Morales, et al. v. Bondi, 2/18/26)
BIA Vacates CAT Deferral Where IJ Relied on Expert Testimony Lacking Sufficient Factual Basis
The BIA held that the relevance and reliability of an expert witness’ opinions are significantly undercut when those opinions are informed by anecdotal or inaccurate facts or data, and vacated the IJ’s grant of deferral of removal under the CAT. Matter of G–M–I–, 29 I&N Dec. 431 (BIA 2026)
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.
CA10 Upholds Asylum Denial as to Petitioner Who Alleged Salvadoran Police Abuse Based on Suspected Gang Affiliation
The court held that the petitioner failed to establish that harm by Salvadoran police based on his alleged membership in a particular social group (PSG)—namely, those with “imputed gang membership”—was on account of a protected ground. (Bonilla-Espinoza v. Bondi, 1/27/26)
BIA Holds That Written Frivolousness Warnings on Asylum Application Satisfy Statutory Notice Requirement
The BIA held that the written warnings on respondent’s initial asylum application provided respondent with statutorily compliant notice of the consequences of filing a frivolous application, irrespective of the absence of oral warnings by an IJ. Matter of S–M–H–, 29 I&N Dec. 412 (BIA 2026)