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
CA1 Finds Substantial Evidence Supported BIA’s Reliance on Asylum Applicant’s DHS Interview
The court held that substantial evidence supported the adverse credibility determination, finding that BIA and IJ did not err in relying on petitioner’s DHS Interview, during which petitioner omitted any mention of past persecution or a fear of future persecution. (Xian Jing v. Lynch, 1/4/17)
CA7 Reverses Finding That Petitioner’s Asylum Application Was Frivolous
The court found that substantial evidence supported the IJ’s and BIA’s conclusions that the petitioner was not credible, but held that substantial evidence did not support a finding that petitioner deliberately fabricated material elements of his asylum application. (Wang v. Lynch, 1/3/17)
CA7 Reverses Denial of Asylum to Petitioner Who Claimed She Suffered Persecution Under China’s Family Planning Policies
The court found that the IJ failed to make a finding as to whether the Chinese petitioner actually had at least one forced abortion in China, which would have automatically entitled her to a rebuttable presumption of a well-founded fear of future persecution. (Xiang v. Lynch, 1/3/17)
DHS Provides Female Genital Mutilation or Cutting Outreach Strategy
DHS provided a memo with its outreach strategy for Female Genital Mutilation or Cutting (FGM/C), drafted as a project of the DHS Council on Combatting Violence Against Women. Included is ICE and USCIS training for immigration officers and agents on laws and immigration benefits relating to FGM/C.
DOJ Employment Rights and Resources for Refugees and Asylees
DOJ’s Immigrant and Employee Rights Section provided a flyer on employment rights and resources for refugees and asylees including what forms need to be completed and what to expect after hiring as well as protections against discrimination and unfair treatment.
Immigration Law Advisor, December 2016 (Vol. 10, No. 9)
The December 2016 issue of Immigration Law Advisor includes an article on what Johnson v. United States might mean for the INA’s crime of violence aggravated felony provision, as well as summaries of circuit court decisions from November 2016 and BIA precedent decisions.
CA1 Upholds Finding That Honduran Asylum Applicant Failed to Submit Adequate Corroborating Evidence
The court denied the petition for review, holding that the asylum applicant petitioner, a Honduran national, failed to submit readily available corroborating evidence, and thus did not carry his burden of proving eligibility for relief. (Rivera-Coca v. Lynch, 12/30/16)
CA9 Upholds Denial of Asylum to Mongolian Whistleblower
Applying the three-factor framework of Matter of N–M–, the court denied the petition brought by a Mongolian citizen who sought asylum and other relief based on his whistleblowing of corruption by a privately-owned former employer. (Lkhagvasuren v. Lynch, 7/13/16, amended 12/30/16)
USCIS 30-Day Extension of Comment Period on Revisions to Form I-589
USCIS is extending the comment period on proposed revisions to Form I-589, Application for Asylum and for Withholding of Removal, by 30 days. Comments are now due by 1/30/17. (81 FR 96029, 12/29/16)
A Guide to Assisting Asylum-Seekers with In Absentia Removal Orders
The Asylum Seeker Advocacy Project (ASAP) at the Urban Justice Center and CLINIC prepared a guide on Motions to Rescind and Reopen for advocates working to prevent the deportation of families who crossed the U.S.-Mexico border seeking asylum and have been ordered removed in absentia by an IJ.
Practice Pointer: Overcoming EAD Denials Due to USCIS Failure to Recognize Asylum Application Lodging Date in Immigration Court
AILA’s Asylum and Refugee Committee provides guidance on overcoming EAD denials if USCIS incorrectly denies an EAD application based on the failure to recognize the lodging date in immigration court.
Affirmative Asylum Scheduling Bulletin (12/16/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 12/16/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
BIA Finds Bangladesh Nationality Party Not a Tier III Terrorist Organization
Unpublished BIA decision holds that Bangladesh Nationalist Party (BNP) is not a “Tier III” terrorist organization. Special thanks to IRAC. (Matter of S-I-B-, 12/16/16)
Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 2
(This is part two of a two part blog post; the first part can be found by following this link. Please note that all client names are pseudonyms) As of October 31, 2016, there were more than 521,000 cases pending in our nation's immigration courts - the most ever. By comparison, just 10 years ago, [&
Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 1
(This is part one of a two part blog post; to read part two, please follow this link. Please note that all client names are pseudonyms) Sitting across the conference room table from Imani, we broke the bad news. “We are so sorry, but your hearing tomorrow is cancelled. It's been rescheduled to the e
TRAC Report Finds Denials of Asylum by IJs Continued to Rise in FY2016
This TRAC report found that, as of the end of September 2016, overall asylum denial rates for FY2016 had risen to 57 percent. The report also found that, over the last ten years, the unrepresented proportion of asylum cases decided had grown from 13 percent to 20 percent.
BIA Says an Untimely Asylum Application Can Be Found Frivolous Under INA §208(d)(6)
The BIA held that an untimely asylum application may be found frivolous, and concluded respondent’s asylum application was frivolous because he deliberately made a false statement postdating his date of entry into the U.S. by more than two years. Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016)
BIA Reverses IJ’s Denial of Asylum to Salvadoran Woman Who Suffered Abuse by Ex-Husband
Unpublished BIA decision reverses IJ’s denial of asylum, finding that discrepancies did not undermine the asylum claim or support an adverse credibility determination of the Salvadoran respondent, who had suffered abuse by her ex-husband. Courtesy of Andres Lopez. (Matter of –, 12/8/16)
CARA Family Detention Project Lauds Ruling to Deny Child Care Licensing to Immigration Detention Centers
The CARA Family Detention Project highlights Texas Judge Karin Crump’s ruling that childcare licenses could not be issued for the Karnes City and Dilley, Texas, family detention centers. While the government has appealed her decision, the CARA project partners call for the end to family detention.
BIA Sustained Appeal, Finding Respondent Demonstrated Past Persecution by Ex-Husband
In an unpublished decision, the BIA found that membership in the particular social group of “El Salvadoran women who are unable to leave their domestic relationships where they have children in common,” was at least one central reason for the spousal abuse. (Matter of A-B-, 12/8/16)
TRAC Report Finds Asylum Outcome Increasingly Depends on Judge Assigned
This TRAC report finds that, nationally, the average decision disparity in asylum cases worsened by 27 percent during the last six years. Overall, the median level of asylum decision disparity that asylum seekers face is now over 56 percentage points.
CA9 Says BIA Should Have Corrected IJ's Erroneous Inference That Killings Are Not Torture
The court found that the BIA incorrectly upheld the IJ’s inference that killing does not constitute torture, and remanded for the BIA to reconsider the petitioner’s Convention Against Torture (CAT) claim in light of this recognition. (Reyes v. Lynch, 11/30/16)
Getting Off the Assembly Line: Overcoming Immigration Court Obstacles in Individual Cases
The Appleseed Network released a resource to help new and experienced attorneys, which provides an overview of immigration court proceedings, as well as specific sections on working with clients in detention, working with DHS and DOJ, and reporting immigration judge and DHS attorney misconduct.
Immigration Law Advisor, November 2016 (Vol. 10, No. 8)
The November 2016 issue of Immigration Law Advisor, a legal publication from EOIR, includes an article with a discussion of the reception of internet sources in immigration proceedings, as well as summaries of circuit court decisions from October 2016 and BIA precedent decisions.
CRS Report on Refugee Admissions and Resettlement Policy
The Congressional Research Service issued a report with background information on the FY2017 refugee ceiling and allocations, refugee processing priorities, refugee adjudications, and special refugee provisions. The report also includes information on refugee resettlement assistance.