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 BIA’s Frivolous Asylum Application Finding
The court upheld the BIA, finding that petitioner filed a frivolous asylum application, and that it lacked jurisdiction to consider claims that BIA denied her a sufficient opportunity to account for application discrepancies and violated her due process. (Indrawati v. Att’y Gen., 3/2/15)
Immigration Law Advisor, March 2015 (Vol. 9, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on deciphering the Lopez-Mendoza “identity statement rule”, as well as summaries of circuit court decisions for February 2015 and recent BIA precedent decisions.
EOIR Releases FY2014 Statistics Yearbook
EOIR’s FY2014 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 provide detailed information surrounding asylum cases.
DOJ OIL March 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2015, with articles on Maldonado v. Holder and Lenjinac v. Holder, as well as summaries of circuit court decisions for March 2015.
BIA Orders Remand to Assess Ineffective Assistance Claim
Unpublished BIA decision orders remand for consideration of ineffective assistance claim in light of limited fact-finding ability on appeal. Special thanks to IRAC. (Matter of Salgado-Gutierrez, 2/27/15)
One Week, Two Injunctions
What a week. Last week began with a preliminary injunction temporarily preventing President Obama from implementing his executive action plan to protect millions of immigrant families from deportation. The week ended with a preliminary injunction temporarily preventing the Obama administration from
AILA Quicktake #117: Judicial Victory Protects Central American Mothers and Children
American Immigration Council's Legal Director Melissa Crow shares details of a U.S. District Judge's decision to enjoin the federal government from detaining Central American mothers and children for the purpose of deterring future immigration.
CA7 Denies Asylum for Petitioner Who Made False Statements on Application
The court found IJ’s denial of petitioner’s asylum claim supported by the evidence, as she admitted to making false statements on her first asylum application and offered no documentary evidence or other corroboration for her revised asylum request. (Keirkhavash v. Holder, 2/23/15)
CA8 Upholds BIA’s Denial of MTR for El Salvadoran Citizen
In an unpublished decision, the court found petitioner did not rebut the strong presumption that the hearing notice was delivered to him by certified mail, and he failed to present any previously unavailable evidence of changed country conditions. (Guevara-Ascencio v. Holder, 2/20/15)
CA5 Denies Petition for Review, Finding Persecution Not Politically Motivated
In a nonprecedential decision, the court found that substantial evidence supported the IJ and BIA’s conclusion that any past harm petitioner suffered at the hands of the Guinea government was not on account of an imputed political opinion. (Diallo v. Holder, 2/20/15)
AILA: Judicial Victory for Detained Asylum Seekers
AILA President Leslie A. Holman welcomed the decision by federal judge James Boasberg who “took a huge step in protecting Central American mothers and children who have made out strong claims for asylum in preliminary hearings with federal asylum officers.”
CA5 Finds Petitioner Did Not Demonstrate Past Persecution from FARC
In a nonprecedential decision, the court denied the petition for review, finding that because petitioner did not show the government of Columbia is working with, or unable or unwilling to control FARC, the evidence did not compel a finding of past persecution. (Villacis v. Holder, 2/19/15)
CA7 Remands for Consideration of Availability of Corroborating Evidence
The court found the BIA did not adequately consider whether additional corroborating evidence confirming attacks against Zimbabwean petitioner was not reasonably available. (Sibanda v. Holder, 2/13/15)
NSC Liaison Q&As from Asylum/Refugee Issues Teleconference
The NSC Liaison Committee’s unofficial Q&As from the 2/12/15 stakeholder teleconference on refugee and asylum issues with NSC. Topics include document production, I-730s, defensive asylum applications, medical exams, G-28s, NCSC, and TRIG holds.
CA10 on When a Reinstatement Order is Final
The court held where an alien pursues reasonable fear proceedings following reinstatement of a prior removal order, the reinstated order is not final until the reasonable fear proceedings are complete. (Luna-Garcia v. Holder, 2/10/15)
Amicus Alert: Luna-Garcia on When a Reinstatement Order is Considered Final
Amicus alert on the Tenth Circuit’s recent decision in Luna-Garcia v. Holder, in which the court held that where an alien pursues reasonable fear proceedings following reinstatement of a prior removal order, the reinstated order is not final until the reasonable fear proceedings are complete.
USCIS Information on In-Country Refugee/Parole Processing for Minors in Central America
USCIS provides information on the Central American Minors Refugee/Parole Program, including information on eligibility, the application process, DNA testing, as well as the difference between refugee status and parole.
USCIS Reprioritizing Affirmative Asylum Cases for Interview Scheduling
USCIS notice listing steps it is taking to respond to increased caseloads, including increasing staffing levels and re-prioritizing applications for interview scheduling.
OSC Releases Educational Video on TPS Work Authorization
DOJ’s Office of Special Counsel released a video reminding employers that Salvadorans with Temporary Protected Status (TPS) may work beyond the 3/9/15 expiration date of their employment authorization document and that requesting additional documents may violate anti-discrimination law.
Immigration Law Advisor, February 2015 (Vol. 9, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on asylum and withholding of removal claims involving corruption and whistleblowing, as well as circuit court decisions for January 2015, recent BIA precedent decisions, and a regulatory update.
DOJ OIL February 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2015, with articles on Texas v. United States and the role of the Administrative Appeals Office (AAO), as well as USCIS updates and summaries of circuit court decisions for February 2015.
EOIR and USCIS Notice on the 180-Day Asylum Clock, Including Adjournment Codes
EOIR and USCIS notice on the 180-day asylum EAD clock, including what the EAD clock is, what starts and stops the clock, what to do if you think there is an error on the clock, and a list of adjournment codes and whether those codes stop or run the clock.
CA5 Denies Petition for Review Due to Insufficient Evidence
In a nonprecedential decision, the court denied the petition for review due to insufficient evidence to compel a different conclusion from that reached by BIA that petitioner and his family would be tortured if they returned to Mexico due to a property dispute. (Vasquez v. Holder, 1/30/15)
AILA: Mass Detention of Asylum-Seekers is a Humanitarian Disaster
AILA statement submitted to the U.S. Commission on Civil Rights for a 1/30/15 briefing titled “State of Civil Rights at Immigration Detention Facilities.”
AILA Comments on Modernizing and Streamlining the U.S. Visa System
AILA comments in response to the joint Request for Information (RFI) from DOS and DHS on modernizing and streamlining the U.S. immigrant and nonimmigrant visa system, published in the Federal Register on 12/30/14.