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
CA11 Upholds Asylum Denial to Former Member of Honduran Gang
The court upheld the BIA's conclusion that the petitioner, a former member of the Mara-18 gang in Honduras, was not a member of a “particular social group” entitled to protection under INA §241(b)(3). (Gonzalez v. Att’y Gen., 4/19/16)
CBP Issues Memo/Muster on Updated Processing of Initial Refugees Arrivals
CBP issued a memo and muster with updated processing guidance for initial refugee arrivals, stating that effective 4/22/16, CBP will no longer handle the mailing of refugee packets.
BIA Remands Where Respondent's Proposed Social Group Is "Working Class, Single Women in Michoacán"
Unpublished BIA decision remands where the lead respondent claimed that her children would be more vulnerable to gang recruitment due to her status as a single woman without male support and a lack of adequate parental supervision, which would amount to persecution of her as their parent.
DHS Annual Flow Report: Refugees and Asylees (2014)
The DHS Office of Immigration Statistics provides the Annual Flow Report with information on the number of persons admitted to the United States as refugees or granted asylum in the United States in 2014.
CA6 Remands Petition of Mexican Citizen to BIA Solely for Reconsideration of Voluntary-Departure Determination
The court remanded the petition to the BIA for further consideration of its voluntary-departure determination, but upheld the BIA’s denial of the petitioner’s applications for withholding of removal and CAT relief. (Amezola-Garcia v. Lynch, 4/11/16)
CA10 Upholds Asylum Denial Where Burmese Petitioner Claimed Persecution Based on Political Opinion
The court held that the BIA did not abuse its discretion in finding that petitioner, a Burmese citizen seeking relief based on persecution for his political opinions, was not credible, and that its discretionary decision to deny asylum was not arbitrary and capricious. (Htun v. Lynch, 4/8/16)
EOIR Releases FY2015 Statistics Yearbook
EOIR released its FY2015 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information.
AILA EOIR/OCAHO Liaison Meeting Minutes (4/7/16)
Minutes from the 4/7/16 AILA liaison meeting with EOIR and OCAHO. Topics include staffing and docket information, ADRs, amicus curiae briefs, E-Registry, IJ professionalism, revised docketing practices, use of technology in the courtroom, priority dockets, and the asylum one-year filing deadline.
CA6 Upholds Asylum Denial Where Chinese Petitioner Claimed to Fear Persecution Based on Religion
The court found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. (Zheng v. Lynch, 4/6/16)
USCIS Asylum Office Memo on Case Transfers Affecting the 180-Day Asylum EAD Clock
A 4/5/16 memo from John Lafferty, Chief of the Asylum Division, advising of modifications to the Refugees, Asylum and Parole System that affect the 180-day asylum EAD clock for cases that are being transferred.
Preparing for Battle
In the days following the opening of the Artesia detention center, I remember reading in awe on Facebook about the lawyers that were driving out and banging on the gates, demanding to be let in, insisting these mothers and children be allowed access to counsel. I followed, in the news, through socia
Immigration Law Advisor, February-March 2016 (Vol. 10, No. 2)
The February-March 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on the 75th anniversary and a brief summary of its history, as well as summaries of circuit court decisions from January and February 2016 and BIA precedent decisions.
AILA Quicktake #162: CARA Files Psychological Trauma Complaint
AILA's Associate Director of Advocacy Karen Lucas shares why the CARA Family Detention Pro Bono Project submitted a complaint to OCRCL and the Office of the Inspector General, which highlights eight cases of deep psychological trauma affecting mothers held in family detention.
CA6 Says §1208.16(e) Does Not Apply to Denial of Asylum Due to Untimeliness
The court upheld the IJ’s and BIA’s denials of the petitioner’s asylum application, finding that 8 CFR §1208.16(e) did not require the IJ to reconsider the finding that the application was untimely after the petitioner was granted withholding of removal. (Fisenko v. Lynch, 4/1/16)
At Long Last, Volunteering at Dilley
It was a trip nearly eight months in the making, my sojourn to Dilley. As Chapter Chair in summer 2014, I heard the requests for volunteers and donations. I focused on getting the word out and supporting members who volunteered. As a business and family immigration lawyer with little asylum law expe
USCIS Updated TRIG Statistics Through March 31, 2016
USCIS provided updated TRIG statistics, with data through 3/31/16. Includes information on the total exemptions granted to refugees, adjustment of status applications, asylum, and NACARA, as well as the total number of exemptions denied and the total number of cases on hold.
One Year Later - Immigrants’ Rights Groups Providing Pro Bono Legal Services to Families Detained in Texas Continue Vital Work
The CARA Family Detention Pro Bono Project marked its one-year anniversary and highlighted the generosity of more than 700 volunteers who combined donated more than $6.75 million in pro bono work in the past year helping nearly 8,000 families start the process of seeking asylum.
AILA Quicktake #161: CARA's One-Year Anniversary
AILA President Victor Nieblas shares what the CARA Family Detention Pro Bono Project has accomplished in the last year and why family detention must end.
DHS OIG Released Report on CBP’s Implementation of PREA
The DHS OIG found that CBP needs to better plan its implementation of the DHS Prison Rape Elimination Act of 2003 (PREA) regulations, develop a budget to implement the actions, and provide clear and consistent guidance to all CBP offices regarding implementation of the regulations.
BIA Upholds Grant of Asylum Based on Inability to Relocate Internally
Unpublished BIA decision denies a DHS appeal and affirms a grant of asylum upon finding that immigration judge did not commit clear error in finding the respondent could not internally relocate within Pakistan. Special thanks to IRAC. (Matter of N-K-B-, 3/31/16)
CARA – One Year Later
It's hard to believe that tomorrow will mark a year since the CARA Family Detention Pro Bono Project officially launched. Four seasons have passed, during which we have worked tirelessly to end family detention, urging the Obama administration to stop detaining thousands of children and their mother
CARA OCRCL Complaint: Ongoing Concerns Regarding the Detention and Fast-Track Removal of Detained Children and Mothers Experiencing Symptoms of Trauma
The CARA Family Detention Pro Bono Project filed a formal complaint with the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General to register ongoing concerns regarding the detention of traumatized mothers and children in ICE family detention centers.
Obama Administration Continues to Detain Traumatized Mothers and Children Who Fled Violence
The CARA Family Detention Pro Bono Project filed a formal complaint and called for a comprehensive investigation into the psychological and physiological impact that family detention is having on children and mothers, as well as the due process violations that occur as a result.
ICE Fights to Detain and Deport Teenage Girl Despite Stay
Kimberly was just 17 when she went in front of an Atlanta immigration judge and was told she would be deported. There was no legal orientation. No one asked her why she left her native Honduras or whether she was afraid to be sent back there. Even the lawyer her family hired didn't tell her […
CA8 Finds "Dated Events" Did Not Translate into an Objectively Reasonable Present Fear of Persecution
The court held that petitioner failed to show why threats made to him by Guatemalan guerrillas in 1992, 1997, and 2006 provided an objectively reasonable basis for a present fear of particularized persecution on account of petitioner’s political opinion. (Cinto-Velasquez v. Lynch, 3/25/16)