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
CA4 Says Petitioner Eligible for Asylum Due to Threats Over Son's Refusal To Join a Gang
The court held that petitioner’s maternal relationship to her son was at least one central reason for her persecution, and that the BIA abused discretion in concluding that death threats were not made "on account of" her membership in her nuclear family. (Hernandez-Avalos v. Lynch, 4/30/15)
Fighting to #EndFamilyDetention
I was on a flight to San Antonio Sunday morning and a short while after that was making my way across open farmland to Dilley, Texas, about an hour and half southeast. For this week, I'll be heading up a team of legal volunteers for CARA at the euphemistically named “South Texas Family Residential C
CA7 Reverses Due to Flawed Adverse Credibility Determination
The court remanded, holding that if an IJ explicitly premises a demand for corroborating evidence on an adverse credibility determination that is flawed, then there must be a reassessment of credibility, which may turn out to remove the need for corroboration. (Nadmid v. Holder, 4/21/15)
CA8 Affirms Asylum Denial for Mungiki Opposer in Kenya
The court held that “individuals openly opposed to the Mungiki,” the largest criminal organization in Kenya, was not a particular social group, because such a description was too large and diffuse a segment of society to be perceived with particularity by society. (Kanagu v. Holder, 2/9/15)
A Look Back to Artesia, and a Look into Karnes: Part 5
Just as the business day was drawing to a close on Monday, April 13th, we received a phone call from IJ Martinez. Unfortunately, the news was disappointing and devastating for E-. While the IJ found her credible and noted for the record that the rape she suffered amounts to torture, he determined
Resources on Alfaro Garcia v. Johnson, a Lawsuit Challenging Reasonable Fear Determination Delays
A class of immigrants filed a lawsuit against DHS in the U.S. District Court for the Northern District of California, challenging DHS’s failure to conduct their reasonable fear interviews and determinations in compliance with immigration regulations. (Alfaro Garcia v. Johnson, 4/17/14)
AILA EOIR/OCAHO Liaison Meeting Minutes (4/16/15)
Minutes from the 4/16/15 AILA liaison meeting with EOIR and OCAHO. Topics include executive action initiatives, Dent v. Holder, regulations update, withdrawing from an administratively closed case, parking dates, IJ hiring, time-sensitive cancellation cases, e-Registry, and OCAHO e-filing.
A Look Back to Artesia, and a Look into Karnes: Part 4
ICE officials at Karnes never responded concerning our request to consider E-‘s release on humanitarian grounds. So, as anticipated, it was back to San Antonio for the hearing on Tuesday, April 7th. I got into town the previous Friday night and then drove down to Karnes on Saturday, Sunday and Mon
A Look Back to Artesia, and a Look into Karnes: Part 3
After several trips to Karnes, I got to know one client's case fairly well. It was and continues to be an education. I'll refer to the client as E-H-. E-H-‘s case is “withholding only,“ which as I learned means that she's not eligible to apply for asylum because of a prior removal. That rem
A Look Back to Artesia, and a Look into Karnes: Part 2
On to Karnes With only the Artesia episode as a guide, I arrived in San Antonio this past January 11th, once again not really knowing what to expect. The two experiences were very different. Whereas in Artesia the volunteers worked 16 to 18 hours every day, including weekends, to serve a detainee
A Look Back to Artesia, and a Look into Karnes: Part 1
Family detention. Artesia. Karnes / Dilley. A year ago these were mere words. Sadly, that's no longer the case. All of us volunteers have seen the families incarcerated at these facilities and we refuse to give up on them as our government seems to want us to do. I wanted to share some of that ex
CA9 Says One Form of Imputed Political Opinion Is Perceived Whistleblowing
The court granted, in part, a petition for review of BIA’s denial of asylum and withholding of removal, finding that BIA failed to consider whether petitioner had established the requisite nexus to a protected ground based on his imputed whistleblowing. (Khudaverdyan v. Holder, 2/27/15)
CA8 Upholds Denial Where Persecutor Was Motivated By Personal Retribution
The court upheld the denial of asylum, because petitioner’s persecutor was motivated by personal retribution, and fear of personal retribution alone is not a valid basis for asylum. (Martinez-Galarza v. Holder, 4/9/15)
Arlington Asylum Office Provides Expedited Interview Request Form
The Arlington Asylum Office provided a form that may be submitted to the Arlington Asylum Office when requesting an expedited affirmative asylum interview.
“Today, I’m Leaving Here.”
My client's 8-year-old daughter told me that, as she hugged me goodbye and left for school, so that I could prepare her mom for their individual hearing on March 31, 2015. One week later, after being detained approximately 9 months (since July 5, 2014) - first in Artesia, New Mexico, and then in Kar
BIA Remands Asylum Claim and Finds Petitioner Suffered Past Persecution
Unpublished BIA decision finding that remand is warranted for the IJ to allow DHS an opportunity to rebut the presumption that the respondent, who suffered incidents of abuse and interrogation during a six-day detention in China, has a well-founded fear of persecution. Courtesy of Donglai Yang.
BIA Remands to Allow Immigration Judge to Determine Applicant Competency
In an unpublished decision, the BIA held that the immigration judge should have taken measures to determine whether the applicant was competent to participate in immigration proceedings, and remanded the case for further proceedings. Courtesy of Edgardo Quintanilla.
“I’m afraid to ask them for any medicine.”
I asked Guadalupe* what she meant by that - she had been on medication for anxiety and depression in her home country of Mexico. She was afraid to tell the medical staff when she got to the South Texas Family Detention Center that she took medication, because she thought it would make her look weak
AILA Amicus Brief Argues Individuals Subject to Reinstatement Can Be Eligible for Asylum
AILA amicus brief filed with the Eleventh Circuit in Lanza v. Holder, arguing that an individual is who is subject to reinstatement of removal is still eligible to apply for asylum, and should not be placed in “withholding only” proceedings.
AILA Quicktake #122: CARA Family Detention Pro Bono Project
AILA's Director of Practice and Professionalism Reid Trautz shares why the new CARA project, made up of AILA, the Catholic Legal Immigration Network, the American Immigration Council, and the Refugee and Immigrant Center for Education and Legal Services, is so important to ended family detention.
An Impossible Amount, an Impossible Burden
As a volunteer attorney at the Dilley, Texas, family detention center, I've seen many children and their mothers come to me for help, seeking a way to gain asylum in the U.S. and finally have a safe place to raise their children, free from fear. One such example is an indigenous woman from Guatemala
CA2 Says Jurisdictional Limits Apply in Denial of CAT Deferral of Removal
The court held it lacked jurisdiction to hear petitioner's CAT claim, finding that when an otherwise removable petitioner seeks review of his CAT claim, the court's review is limited to questions of law and constitutional claims. (Ortiz-Franco v. Holder, 4/1/15)
DOS Posts Notice of Public Comments on FY2016 U.S. Refugee Admissions Program
DOS notice of public comments on the FY2016 U.S. Refugee Admissions program. Comments can be submitted on the size and scope of the program. Comments are due by 5/14/15. (80 FR 17541, 4/1/15)
DOJ OIL April 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for April 2015, with an article on the vacatur of Matter of Silva-Trevino and on Ortiz-Franco v. Holder, as well as summaries of circuit court decisions for April 2015 and updates from DHS.
BIA Finds Group of Bandits Not a Tier III Terrorist Organization
Unpublished BIA decision finds group of bandits to whom respondent provided domestic services was not a Tier III terrorist organization, because they were motivated by personal monetary gain. Special thanks to IRAC. (Matter of J-F-L-K-, 3/31/15)