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
Letter to the Chief of USCIS Asylum Division on Asylum Division Officer Training Course Lesson Plan
A 6/16/14 letter from AILA and over 50 other organizations and law professors to John Lafferty, Chief of USCIS Asylum Division, requesting revisions to the Asylum Division Officer Training Course Lesson Plan, Credible Fear of Persecution and Torture Determinations, and the accompanying memorandum.
USCIS Memo on TRIG Exemption for the Tigray People’s Liberation Front
USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Tigray People’s Liberation Front (TPLF).
USCIS Memo on TRIG Exemption for the Ethiopian People’s Revolutionary Party
USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Ethiopian People’s Revolutionary Party (EPRP).
USCIS Memo on TRIG Exemption for the Eritrean Liberation Front
USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Eritrean Liberation Front (ELF).
USCIS Memo on TRIG Exemption for the Democratic Movement for the Liberation of Eritrean Kunama
USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Democratic Movement for the Liberation of Eritrean Kunama (DMLEK).
CA9 Upholds Adverse Credibility Determination in Asylum Case for Chinese Christian
The panel held the inconsistency between the asylum declaration, in which petitioner recounted physical abuse during detention, and her failure to testify about that abuse until she was prompted, was sufficient to support the IJ’s adverse credibility determination. (Jiang v. Holder, 6/12/14
BIA Holds Asylum Applicant Does Not Need to Establish Prima Facie Eligibility To Obtain Merits Hearing
The Board held that an applicant for asylum or withholding of removal is entitled to a hearing on the merits without first having to establish prima facie eligibility for the requested relief. Matter of E-F-H-L, 26 I&N Dec. 319 (BIA 2014)
CA8 Affirms Adjudicatory Delay in Terrorism-Related Inadmissibility Grounds (TRIG) Case
The court found USCIS’ less than five-year delay in adjudicating the adjustment application reasonable, as prior to the TRIG exemption policy which had kept it on hold, petitioner was inadmissible for providing material support to a terrorist organization. (Irshad v. Holder, 6/11/14)
USCIS Memo Requiring Positive Credible Fear and Reasonable Fear Determinations as Part of Quality Assurance Review
USCIS memo, from John Lafferty, Chief of the Asylum Division, implementing changes to the categories of credible fear and reasonable fear cases requiring Quality Assurance review, now requiring pre-decisional review from a random sampling of both positive and negative determinations.
BIA Remands Humanitarian Asylum Claim for IJ to Consider “Other Serious Harm” in Haiti
Unpublished BIA decision remanding for further fact finding and a new analysis of respondent’s request for humanitarian asylum, finding the IJ did not consider the claim through the “other serious harm” framework discussed in Matter of L-S-. Courtesy of Disna M. Weerasinghe.
BIA Rescinds In Absentia Order of Respondent with Credible Fear
Unpublished BIA decision rescinds an in absentia removal order against respondent who diligently sought reopening and was found to have a credible fear of persecution. Special thanks to IRAC. (Matter of Aguilera, 6/6/14)
CA8 Upholds Asylum Denial for Petitioner Fearing FGM in Kenya
The court found that the petitioner did not prove prejudice when her hearing was conducted without the presence of counsel, because neither she nor her counsel set forth what evidence affirmatively proved that she was entitled to relief. (Njoroge v. Holder, 6/3/14)
DOJ OIL June 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2014, with articles on the Supreme Court’s decision in Scialabba v. Osorio, the CSPA, and post-parole convictions, as well as summaries of circuit court decisions for June 2014 and monthly topical parentheticals.
CA8 Declines to Review MTR for Chinese Petitioner with Forced Sterilization Claim
The court declined to review the motion to reopen (MTR) denial, finding that petitioner did not produce previously unavailable documents and that they did not distinguish between women who have had children in China and those who return with children born abroad. (Chen v. Holder, 5/13/14)
CA9 Upholds Asylum Denial for Sikh Petitioner from India
The court denied the petition for review, upholding the BIA’s determination that there had been a fundamental change in circumstances such that the Sikh petitioner’s life would not be threatened on account of a protected ground if removed to India. (Singh v. Holder, 5/21/14)
CA9 Remands Asylum Denial for Chinese Petitioner
The court held substantial evidence did not support the IJ’s adverse credibility finding based on a discrepancy in dates in the evidence, as other evidence corroborated the explanation that one of the documents included an incorrect date due to a typographical error. (Zhi v. Holder, 5/16/14)
CA1 Declines to Review Second Motion to Reopen for Petitioner from China
The court found the BIA did not abuse its discretion in concluding that the petitioner’s evidence as to population control measures “in some areas of China” was insufficient to establish either a likelihood of persecution or materially changed circumstances. (Lin v. Holder, 5/14/14)
CA1 Declines to Review Petition for Guatemalan Petitioner
The court declined to review the withholding denial, upholding the BIA’s decision that concluded that “individuals perceived as wealthy on account of their return to Guatemala from lengthy stays in the U.S.” did not constitute a particular social group. (Sam v. Holder, 5/14/14)
USCIS Alert on Immigration Consultants Being Sentenced for Filing Bogus Asylum Applications
USCIS press release on the sentencing of a San Gabriel immigration consulting business for participating in a long-running scheme to prepare and file fraudulent asylum applications that made phony claims of religious persecution on behalf of Chinese nationals.
CA9 Holds Sentencing Enhancements May Be Considered in "Particularly Serious Crime" Determinations
The court held that the IJ and BIA may consider sentencing enhancements for purposes of determining whether a noncitizen who has not committed an aggravated felony has nonetheless committed a particularly serious crime under INA §241(b)(3)(B)(ii). (Konou v. Holder, 5/9/14)
CA9 Remands, Considering Indonesian Petitioner’s Post-Removal Conversion to Christianity
The court held that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances. (Chandra v. Holder, 5/12/14)
CA1 Denies Motion to Reopen (MTR) for Indonesian Christian
The court declined to review the MTR denial on the basis of changed country conditions, finding the BIA did not abuse discretion when finding the evidence presented did not address a particular or individualized risk of harm if petitioner returned to Indonesia. (Simarmata v. Holder, 5/12/14)
USCIS Memo with Updated Guidance on Reasonable Fear Note-Taking
USCIS memo, from John Lafferty, Chief of the Asylum Division, effective 5/9/14, changing the requirements for how asylum pre-screening officers take interview notes and document alien corrections and approval of notes. Interview notes will now be in Q&A format, and not a sworn statement.
CRS Report on Policy Discussions on the Unauthorized Population in the U.S.
Congressional Research Service (CRS) report on the current policy discussions regarding the unauthorized population in the U.S., including information on demographics of the population and a summary of current laws and policy options.
CA9 Remands Asylum Claim for Petitioner Fleeing Gang Violence in Guatemala
The court granted petition for review, finding it was unclear whether the evidence was sufficient to meet the revised social visibility standard in W-G-R and M-E-V-G, and remanded for BIA to consider the asylum claim in light of these decisions. (Pirir-Boc v. Holder, 5/7/14)