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
CA9 Finds BIA Erred by Failing to Give Notice and Opportunity to Provide Corroborating Evidence
The court granted the petition for review of the BIA’s denial of asylum, holding that the IJ erred by failing to give the petitioner notice and an opportunity to explain any perceived inconsistencies or provide additional corroborative evidence. (Bhattarai v. Lynch, 8/30/16)
Statement by DOS Secretary Kerry on Syrian Refugee Admissions
DOS Secretary John Kerry issued a statement announcing that the United States has welcomed 10,000 refugees fleeing the conflict in Syria, and noting that President Obama will host the “Leaders’ Summit on Refugees” on 9/20/16.
CA3 Affirms Dismissal of Habeas Petitions of 28 Detained Central American Mothers
The court affirmed the district court’s order dismissing the petitioners’ habeas petitions for lack of subject-matter jurisdiction, and found that noncitizens seeking initial admission cannot invoke the U.S. Constitution’s Suspension Clause. (Castro, et al. v. DHS, et al., 8/29/16)
Sign-On Letter to President Obama on Refugees and Asylum Seekers
On 8/29/16, AILA joined a number of national, state, and local organizations and faith communities in urging President Obama to demonstrate global leadership by making bold new commitments to refugee protection at home and abroad, in advance of the September 2016 Leaders’ Summit on Refugees.
EOIR Announces Creation of Information Helpdesks
EOIR announced the creation of the Immigration Court Helpdesk Program, which is intended to orient non-detained individuals appearing before the immigration court on the removal hearing process and to inform them about possible remedies and legal resources.
CA7 Says “Mexican Nationals Perceived as Wealthy After Returning from United States” Is Not a PSG
The court upheld the denial of withholding of removal to petitioner, finding that BIA properly found his proposed social group of “Mexican nationals who have lived in the U.S. for many years and are perceived as wealthy upon returning to Mexico” was not cognizable. (Salgado v. Lynch, 8/24/16)
CA1 Upholds Denial of Asylum to Pentecostal Citizen of Eritrea
The court upheld the denial of asylum to the petitioner, who claimed she was persecuted in Eritrea because of her Pentecostal faith, holding that a reasonable factfinder would not be compelled on the record to conclude she met her burden of proving past persecution. (Bahta v. Lynch, 8/24/16)
CA7 Upholds Denial of Asylum Member of Ata Meken Party from to Kyrgyzstan
The court found that the BIA’s denial of asylum to the petitioner, who claimed that he faced persecution for his political activism as a member of the youth wing of the Ata Meken party in his native Kyrgyzstan, was supported by substantial evidence. (Santashbekov v. Lynch, 8/24/16)
AILA Notes from SCOPS Teleconference (8/24/16)
AILA notes from a teleconference with SCOPS on 8/24/16. Topics include I-612 waivers, asylee and refugee adjustment, hardship/persecution waivers for clinical physicians, signature requirements, cases at the Potomac Service Center, ELIS, and defensive asylum application receipts.
Hearing Echoes from the Last Refugee Crisis Today
The United States and Europe are facing the worst refugee global migration crisis since World War II. Estimates are that there are more than 60 million refugees worldwide. Every day that we fail to step up and address this issue leaves more refugees at risk of grave and imminent danger, not only for
CA1 Finds Threats Against Petitioner by His Father's Killer Were Motivated by Personal Dispute
The court upheld the denial of asylum and withholding of removal, finding that the threats made against the Guatemalan petitioner by his father’s killer were motivated not by an enumerated statutory ground for relief, but instead by a personal dispute. (Marín-Portillo v. Lynch, 8/23/16)
BIA Recognizes PSG of Honduran Women Unable to Leave Domestic Relationship
In this unpublished decision, the Board of Immigration Appeals (BIA) held that “Honduran women unable to leave a domestic relationship” is a cognizable particular social group. Special thanks to IRAC. (Matter of I-M-E-G-, 8/23/16)
AILA Urges DHS to Follow DOJ Lead and End Use of Private Prisons
In light of the Department of Justice’s announcement that it will sharply scale back the use of private prisons, AILA President Bill Stock urged the Department of Homeland Security to follow suit, saying “there is no justification for continuing their use in the immigration system.”
UNHCR Report: Beyond Detention (Baseline Report)
This is the first of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Baseline Report provides data on the detention situation in 12 focus countries (including the United States) as of the end of 2013.
UNHCR Report: Beyond Detention (Progress Report Mid-2016)
This is the second of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Progress Report reviews the first two years of the Global Strategy’s implementation and presents the progress achieved for 12 focus countries, including the United States.
CA5 Finds Petitioner Ineligible for Asylum Under Firm-Resettlement Bar
The court upheld the denial of asylum, finding that substantial evidence supported the BIA’s finding that the petitioner, a citizen of Bolivia who moved to Mexico in 2005, failed to establish the applicability of an exception to the firm-resettlement bar. (Ramos Lara v. Lynch, 8/17/16)
CA7 Upholds Withholding of Removal and CAT Denials to Bisexual Citizen of Jamaica
The court held that substantial evidence supported the IJ’s conclusion that the petitioner, a 51‐year‐old citizen of Jamaica who asserted a fear of persecution and torture in Jamaica based upon his claimed bisexuality, did not credibly establish that he is bisexual. (Fuller v. Lynch, 8/17/16)
BIA Reverses IJ’s Denial of Asylum to Nigerian Woman Who Feared FGM
Unpublished BIA decision reversed the IJ’s factual findings of “implausibility” and adverse credibility against the Nigerian respondent, who feared that her husband would force her to undergo female genital mutilation in Nigeria. Courtesy of Eric Singer. (Matter of Chinyelu, 8/17/16)
ICE Director Saldaña Response to Sign-On Letter on Immigration Raids
On 8/12/16, ICE Director Sarah Saldaña responded to a June 2016 sign-on letter to DHS Secretary Jeh Johnson and Attorney General Loretta Lynch on the aggressive tactics against Central Americans.
CA7 Upholds CAT Denial to Seventh Day Adventist Citizen of Mexico
The court held that petitioner, a practicing Seventh Day Adventist who claimed he would be persecuted and forced to work for the Zetas gang if removed to Mexico, did not establish a clear probability that he would face persecution or torture upon his removal. (Lozano-Zuniga v. Lynch, 8/12/16)
CA7 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Finding
The held that substantial evidence supported the IJ’s conclusions that petitioner, a 52-year-old Chinese citizen who claimed that he feared forced sterilization under China’s one-child policy, was not credible, and that he did not adequately corroborate his account. (Yang v. Lynch, 8/12/16)
As Detained Mothers Continue Hunger Strike, AILA Urges Administration to End Family Detention
Twenty-two mothers being held with their children for months in the Berks family detention center began a hunger strike this week; AILA President William A. Stock urged an end to family detention, noting, “These brave mothers are putting their health at risk to draw attention to injustice.”
CA1 Upholds Denial of Asylum to Christian Chinese Petitioner
The court held that the BIA’s decision to affirm the IJ’s denial of asylum to petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence. (Qin v. Lynch, 8/10/16)
CA1 Says Salvadoran Women with Partners Who View Them as Property Is Not a Particular Social Group
The court held that the petitioner, whose proposed social group was defined as “Salvadoran women in intimate relationships with partners who view them as property,” failed to show that her PSG shared immutable characteristics and had social distinction. (Vega-Ayala v. Lynch, 8/10/16)
BIA Solicits Amicus Briefs on Duress Exception to the Persecutor Bar
The BIA invites interested members of the public to file amicus curiae briefs on whether an involuntariness or duress exception exists to limit the application of the persecutor bar in sections 208(b)(2)(A)(i) and 241(b)(3)(B)(i) of the INA, as well as a related issue. Briefs are due by 9/7/16.