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
CA8 Upholds Denial of Asylum to President of Community Development Organization That Addressed Gang Problems in El Salvador
The court held that substantial evidence supported the BIA’s conclusion that that there was an insufficient nexus between the threats the petitioner received from the MS-13 gang and her membership in a community development organization in El Salvador. (Gomez-Garcia v. Sessions, 6/28/17)
CA5 Says Alleged Past Persecution of Mother Cannot Be Imputed to 10-Year-Old Daughter
The court upheld the BIA’s denial of asylum, holding that the alleged past persecution of petitioner’s mother could not be imputed to petitioner, a 10-year-old citizen of El Salvador, and that petitioner did not have a well-founded fear of persecution. (Herrera Morales v. Sessions, 6/27/17)
CA8 Upholds Denial of Asylum to Nigerian Who Asserted Supernatural Forces Inflicted Harm on Him
The court denied the petition for review, holding that the supernatural harms petitioner described were not persecution because they were not inflicted by the government or private parties that the Nigerian government was unable to control. (Edionseri v. Sessions, 6/26/17)
CA1 Upholds Denial of Withholding of Removal to Petitioner Who Feared Gangs in Guatemala
The court held that substantial evidence supported the BIA’s findings that the petitioner did not establish that she would likely be harmed by criminal gangs in Guatemala based upon an enumerated ground. (Marroquín-Rivera v. Sessions, 6/23/17)
CA9 Reopens Proceedings to Reconsider CAT Claim Due to Changed Country Conditions in Ethiopia
The court granted the petition for review and remanded, holding that the BIA abused its discretion by disregarding or discrediting undisputed new evidence submitted by the petitioner regarding increased violence toward homosexuals in Ethiopia. (Agonafer v. Sessions, 6/23/17)
Guardians of our Constitution
Adapted from the installation speech of Annaluisa Padilla, 2017-18 President of AILA
CA2 Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31
The court granted in part the petition for review and applied the categorical approach to determine that the petitioner’s conviction under N.Y. Penal Law §220.31 did not constitute a drug‐trafficking aggravated felony. (Harbin v. Sessions, 6/21/17)
CRS Report: Reception and Placement of Refugees in the United States
The Congressional Research Service (CRS) provides a report on the reception and placement of refugees. As of 5/31/17, refugee arrivals have been placed in the District of Columbia and every state except Wyoming. In FY2016, the only states with no refugee placements were Delaware and Hawaii.
Mandamus Actions in the Asylum Context: Avoiding Dismissal and Proving the Case
AILA’s Asylum & Refugee Committee and the American Immigration Council’s joint practice advisory detailing the required components of successful mandamus action and APA challenges in the asylum context, as well as the obstacles and pitfalls to avoid.
BIA Limits Application of Firm Resettlement Bar
Unpublished BIA decision holds that the firm resettlement bar does not apply to asylum applicants who fear persecution in the country of alleged resettlement. Special thanks to IRAC. (Matter of L-K-U-, 6/16/17)
CA7 Upholds Asylum Denial to Member of the Democratic Party in Mongolia
The court held that petitioner, a member of the Democratic Party in Mongolia, failed to establish past persecution or a well-founded fear of future persecution, and did not show that it was more likely than not that he would be tortured upon return to Mongolia. (Tsegmed v. Sessions, 6/15/17)
CA7 Upholds Denial of Asylum to Salvadoran Who Feared Targeting by MS-13 Gang
The court held that the petitioner, who feared the MS-13 gang would target him based on its perception of him as a wealthy business owner, failed to establish his life or freedom would be threatened based on a protected ground. (Lopez v. Sessions, 6/13/17)
AILA Statement to House Judiciary Committee on Markup of H.R. 2826
On 6/13/17, AILA submitted the following statement opposing H.R. 2826, Refugee Program Integrity Restoration Act of 2017, scheduled for markup on 6/14/17 before the House Judiciary Committee. This bill would have devastating consequences on the U.S. Refugee Assistance Program.
CA9 Affirms District Court’s Injunction Against Travel Ban and Refugee Program Limitations
In a per curiam opinion, the court upheld the district court’s injunction against Sections 2(c), 6(a), and 6(b) of Executive Order 13780. (Hawaii v. Trump, 6/12/17)
Affirmative Asylum Scheduling Bulletin (6/9/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 6/9/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
H.R. 2826: Refugee Program Integrity Restoration Act of 2017
On 6/8/17, Representative Raul Labrador (R-ID) introduced the Refugee Program Integrity Restoration Act to provide for an annual adjustment of the number of admissible refugees.
CA7 Says Noncitizens Subject to Reinstatement of a Removal Order Cannot Apply for Asylum
The court dismissed the petition for review, holding that because asylum is a form of discretionary relief, the petitioner, who was subject to a reinstated order of removal, lacked standing to challenge the federal regulations prohibiting him from applying for it. (Garcia v. Sessions, 6/8/17)
BIA Vacates Discretionary Denial of Asylum Application
Unpublished BIA decision finds IJ erred in denying asylum application as a matter of discretion solely because respondent failed to seek asylum during two prior visits to United Kingdom. Special thanks to IRAC. (Matter of G-S-, 6/5/17)
Take Action to Combat the Crisis in Post-Release Representation
Since July 2014, when the Obama Administration began detaining women and children crossing the southern border at a makeshift detention center in Artesia, New Mexico, more than 35,000 women and children from the Northern Triangle have been processed at detention centers near the southern border of t
USCIS Asylum Office Workload for June 2017
USCIS statistics on asylum offices’ workload, stages of an asylum case broken down by office (filed, interviews conducted, completed, pending), and nationality to applicants for June 2017.
CA9 Says Attempted Sexual Abuse Under Oregon Law Is an Aggravated Felony
The court denied in part and dismissed in part the petition for review, concluding that the petitioner’s conviction for attempted sexual abuse under Oregon Revised Statutes §163.427 was an aggravated felony that warranted termination of his asylee status. (Diego v. Sessions, 5/26/17)
CA1 Remands for BIA to Consider Whether Petitioner Can Relocate Within Guatemala
The court granted the petition for review and remanded because neither the IJ nor the BIA addressed evidence indicating that the petitioner would not be safe in a relocated area of Guatemala or made any mention of the “reasonableness factors” of relocation. (Garcia-Cruz v. Sessions, 5/26/17)
Congressional Letter to Secretary Kelly Regarding the Treatment of Asylum Seekers at the Border
On 5/25/17, 40 members of Congress sent a letter to DHS requesting an immediate investigation into claims that individuals fleeing violence and persecution have been denied the opportunity to apply for asylum or other forms of humanitarian protection at ports of entry along the border.
Bite-Sized Ethics: Desperate Clients, Enforcement Priorities, and Asylum
Before filing an asylum claim, attorneys must determine whether their client has “an arguable basis in law or in fact” to file. In this bite-sized article, learn how to handle cases where clients are desperate to file anything to stay and have a general fear of returning to their country.
BIA Dismisses DHS Appeal of Order Reopening Proceedings Sua Sponte Notwithstanding Departure Bar
Unpublished BIA decision holds IJ did not err in reopening and terminating proceedings sua sponte given sentence modification rendering offense no longer an aggravated felony and notwithstanding respondent’s departure from the country. Special thanks to IRAC. (Matter of Keserovic, 5/24/17)