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 Grants Rehearing En Banc in Case Involving HIV-Positive Asylum Seeker from Mexico
The court granted rehearing en banc to revisit its prior decision upholding BIA's denial of asylum, withholding of removal, and CAT relief to petitioner, a citizen of Mexico who had sought relief based on his sexual orientation and HIV-positive status. (Bringas-Rodriguez v. Lynch, 6/14/16)
BIA Says Respondent with PTSD Established Extraordinary Circumstances for Delay in Filing Asylum Application
Unpublished BIA decision finds that the IJ erred in concluding that respondent, whose PTSD was repeatedly triggered and exacerbated, did not demonstrate extraordinary circumstances sufficient to excuse the one-year asylum filing deadline. Courtesy of Ann Wennerstrom. (Matter of –, 6/14/16)
AILA Notes from SCOPS Teleconference (3/9/16)
AILA notes from a teleconference with SCOPS on 3/9/16. Topics include processing time delays, PNIW and NIW cases, hyphens in LPR cards, power of attorney signatures, online case statuses, expedite requests, consolidated financial reporting, refugee travel documents, and H-4 EADs.
NSC Liaison Q&As on Refugee and Asylee Issues (6/9/16)
The NSC Liaison Committee’s official Q&As from the 6/9/16 teleconference on refugee and asylee issues. Topics include: the adjudication of I-730s and updating personal information on I-485s, I-765s, and I-131s.
CA1 Upholds Denial of Chinese Asylum Applicants’ Second Motion to Reopen
The court denied the petition for review, concluding that the BIA did not abuse its discretion in holding that the petitioners failed to make an adequate showing of a material change in country circumstances, and thus that their second motion to reopen was time-barred. (Chen v. Lynch, 6/9/16)
BIA Finds There Is No Duress Exception to the “Material Support Bar”
The BIA held that the “material support bar” in INA §212(a)(3)(B)(iv)(VI) does not include an implied exception for a noncitizen who has provided material support to a terrorist organization under duress. Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)
BIA Solicits Amicus Briefs on Definition of “Minor” for Exception to One-Year Asylum Deadline
The BIA invites interested members of the public to file amicus curiae briefs on the definition of the term “minor” for purposes of establishing “extraordinary circumstances” that would constitute an exception to the one-year filing deadline for asylum applications. Briefs are due by 7/11/16.
OSC Flyer with Guidance on Avoiding Discrimination Against Refugees and Asylees
The Office of Special Counsel for Immigration-Related Unfair Employment Practices provided a flyer with information for employers on avoiding discrimination against refugees and asylees.
Affirmative Asylum Scheduling Bulletin (6/8/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 6/8/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
CA8 Says Salvadoran Petitioner Failed to Show Nexus Between Membership in PSG and Persecution
The court denied the petition for review, holding that, assuming that petitioner’s proposed family-based groups are cognizable, particular social groups (PSGs), he failed to show a nexus between his membership in the groups and the persecution he suffered. (Aguinada-Lopez v. Lynch, 6/7/16)
Family Detention Takes Another Hit
I don't know about you, but some days it seems like family detention is a battle being fought on multiple fronts - the lawyerly equivalent of air, land, and sea. We have hundreds of pro bono attorneys and volunteers fighting nonstop to help families in the three facilities and helping families once
CA8 Finds BIA Did Not Abuse Its Discretion in Denying Motion to Reopen in Absentia Removal Order
The court upheld the denial of the petitioner’s motion to reopen the in absentia removal order entered against him, finding that the petitioner had failed to rebut the presumption that the Notice of Hearing mailed by DHS was delivered to him. (Diaz v. Lynch, 6/1/16)
DOJ OIL June 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2016, with articles on United States v. Texas and Mathis v. United States, as well as summaries of circuit court decisions for June 2016.
CA6 Upholds Denial of Asylum to Petitioner Whose Application Was “Strikingly Similar” to Several Others
The court upheld the IJ’s and BIA’s denials of petitioner’s asylum application, finding that the petitioner failed to adequately explain why his application was strikingly similar to several others, and failed to adequately corroborate his religious persecution claim. (Wang v. Lynch, 5/27/16)
CA5 on When a Reinstatement Order is Final
The court found that reinstatement of removal orders are final only upon completion of reasonable fear and withholding of removal proceedings, even when proceedings are ongoing only because the BIA remanded to the IJ for background and security checks. (Ponce-Osorio v. Johnson, 5/27/16)
OSC Issues Flyer for Employers of Refugees and Asylees on Working in the U.S.
OSC issued a flyer for employers of refugees and asylees on their right to work in the United States.
Federal Government Steps Up Efforts to Deport Central American Mothers and Children without Due Process
In this statement, CARA Family Detention Pro Bono Project Managing Attorney Katie Shepherd highlights one of the 16 families picked up by ICE in recent arrests and slated for removal; sadly this family was deported before having had a meaningful chance to make claims for protection.
CA5 Upholds Denial of Motion to Reopen Proceedings Based on Changed Country Conditions in Guatemala
The court upheld BIA’s denial of the motion to reopen, holding that BIA did not abuse its discretion in finding that petitioner did not present material evidence of changed country conditions in Guatemala that was unavailable at the time of her removal hearing. (Ramos-Lopez v. Lynch, 5/24/16)
Practice Alert: Keeping the Asylum EAD Clock Running Upon Filing an AR-11
In response to concerns raised by AILA, USCIS confirmed during the 5/5/16 Asylum Division stakeholder meeting that it has successfully implemented a change that would allow the asylum EAD clock to continue running after Form AR-11 is filed.
Practice Alert: Two Copies of I-589 Applications No Longer Required
On 8/7/15, the USCIS Asylum Division announced that USCIS would instruct officers to accept the original I-589 application with one rather than two additional I-589 copies. USCIS notified service centers and is in the process of amending the I-589 form instructions to show this change.
CA4 Finds IJs Are Not Required to Warn of Consequences of Filing a Frivolous Asylum Application
The court held that the warning set forth in the I-589 asylum application regarding the consequences of filing a frivolous asylum application satisfies INA §208(d)(4)(A)’s requirement that the applicant must be notified of such consequences. (Ndibu v. Lynch, 5/19/16)
Mothers and Children Detained in Violation of Court Order Plead for Freedom
Pleading for an end to their imprisonment, 69 mothers who have been detained with their children at the South Texas Family Residential Center, an immigration detention facility in Dilley, Texas, wrote a public letter to Immigration and Customs Enforcement (ICE).
CA9 Issues Superseding Opinion in Yang v. Lynch
In a superseding opinion, the court made several amendments to its original decision, clarifying that, on a motion to reopen, the BIA cannot make the kind of credibility determination inherent in a decision to apply the falsus maxim. (Yang v. Lynch, 5/19/16)
Outrage
“Apurar, cielos, pretendo, Por qué me tratáis así, qué delito cometí contra vosotros naciendo. Aunque si nací, ya entiendo qué delito he cometido; bastante causa ha tenido vuestra justicia y rigor, Pues el delito mayor del hombre es haber nacido.“ ~ by Pedro Calderón de la Barca Outrage is the
CA9 Upholds CAT Denial to Former Gang Member Who Had Been Removed to El Salvador
The court upheld BIA’s denial of CAT protection, holding that substantial evidence supported its determination that it is not more likely than not that the petitioner, a former gang member with gang-related tattoos, will be tortured in El Salvador. (Del Cid Marroquin v. Lynch, 5/18/16)