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
AILA Law Student E-News, January 2015 (Vol. 7, No. 2)
This latest edition brings you how students can make a career out of their AILA membership, getting started in immigration law research, expert tips on succeeding in private practice, and a captivating piece on the now defunct Artesia detention center.
CA8 Denies Petition for Review of Cancellation and Asylum Applications
The court upheld BIA’s denial of asylum, where petitioner failed to show he had a well-founded fear of persecution based on membership in a particular social group, as being perceived as wealthy because of U.S. residency is not a recognized social group. (Guerrero v. Holder, 1/29/15)
USCIS Asylum Offices Workload for October-December 2014
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for October 2014 through December 2014.
USCIS Credible Fear and Reasonable Fear for Family Facilities from July 2014 to January 2015
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in family detention facilities: Artesia, Berks, Dilley, and Karnes from July 2014 through January 2015.
CA4 Says Asylum Denial Based on Adverse Credibility Finding Is Not Supported by Substantial Evidence
The court held that the rejection of the petitioner’s asylum application, based largely on an adverse credibility finding, was not supported by substantial evidence. (Ilunga v. Holder, 1/27/15)
CA2 Remands Asylum Denial for Korean Evangelical Christian from Kyrgyzstan
The court found the IJ and BIA failed to explain why the violence petitioner suffered was insufficiently egregious to constitute persecution and failed to consider record evidence that tended to prove the Kyrgyz police are unwilling or unable to protect him. (Pan v. Holder, 1/26/15)
CA6 Reverses BIA's Rejection of New Evidence from Rwandan Petitioner
The court held that BIA abused discretion in rejecting petitioner's unsworn letters of support and that BIA could not reject letters written by interested witnesses, since the witnesses would likely have relevant information and be subject to cross-exam in a MTR. (Uwineza v. Holder, 1/21/15)
BIA Finds Attorney Provided Ineffective Assistance By Missing Deadline to File I-589
Unpublished BIA decision reopens proceedings due to ineffective assistance of counsel due to prior attorney’s failure to file asylum application by required deadline. Special thanks to IRAC. (Matter of Singh, 1/20/15)
CRS Report on Iraqi and Afghan Special Immigrant Visa Programs
Congressional Research Service (CRS) report on the Iraqi and Afghan Special Immigrant Visa programs, including a legislative history of the visa category, the visa application process for the Iraqi and Afghan programs, comparison to other special immigrant programs, and summary of challenges faced.
RAIO Combined Training Course: International Human Rights Law
This module introduces asylum officers to the fundamentals of international human rights law. Officers learn about the sources of international law, including treaties and customary international law.
RAIO Combined Training Course: Reading and Using Case Law
This module provides basic information on how to read cases from the BIA, the AG, and the U.S. federal courts. It includes guidance on how to identify the relevant components of a case, how to read and understand a case, and how to analyze and apply case law to make a decision or determination.
Mexican Consulates Will Issue Birth Certificates…Starting Today!
A longtime struggle for many Mexican citizens living in the United States is the inability to access their birth records. Some may have been born in a state where they no longer have contacts and they struggle to acquire their birth certificate. In practice, this can definitely be a significant hu
CA8 Affirms BIA’s Denial of Withholding and CAT Relief for Chinese Petitioner
The court upheld the BIA’s denial of withholding and CAT relief, finding that substantial evidence supported the BIA’s determination that petitioner failed to demonstrate it was more likely than not that she would be persecuted or tortured if she returned to China. (Chen v. Holder, 1/15/15)
CA8 Holds Substantial Evidence Supports IJ’s Adverse Credibility Determination
The court denied the petition to review the asylum, withholding, and CAT denials, finding that the Somali petitioner’s inconsistent testimony and lack of corroborating evidence provided substantial evidence to support the IJ’s adverse credibility determination. (Ali v. Holder, 1/8/15)
DOJ OIL January 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2015, with an articles on Husic v. Holder and the AAO's publication of its practice manual, as well as summaries of circuit court decisions for January 2015.
RAIO Training on Refugee Definition and Persecution
RAIO internal training Powerpoint on legal definitions of refugee and persecution.
Helping to Free Moms and Kids from Artesia, Part 2
In this second segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Kim Hunter shares her client's story of winning asylum while in Artesia and discusses what it is like spending the holidays in a family detention center.
CA11 Remands for BIA to Consider All Types of Abuse in Religious Persecution Claim
The court remanded for the BIA to clarify whether it considered all the types of abuse unique to religious persecution, including both non-physical and physical harm, in light of Shi v. Att’y Gen., when it denied the claim of past persecution. (Huang v. Holder, 12/24/14)
Helping to Free Moms and Kids from Artesia, Part 1
In this first segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Lisa Laurel Weinberg shares her client's story of winning asylum while in the Artesia family detention center.
Letter to President Obama Opposing Family Detention Facility in Dilley
A 12/18/14 letter from AILA and over 120 other advocacy organizations to President Obama opposing the opening of the new family detention facility in Dilley, Texas.
Asylum Granted to Artesia Detainee from Guatemala
Unpublished IJ decision granting asylum to respondent whose husband was targeted by M-18 in Guatemala, finding she is eligible for asylum because she established past persecution on account of her membership in a particular social group. Courtesy of Dree Collopy.
ACLU Complaint Challenging Obama Administration for Detaining Asylum Seekers as Intimidation Tactic
Nationwide class-action lawsuit filed by the ACLU seeking injunctive and declaratory relief, challenging the Obama Administration’s policy of detaining asylum-seeking mothers and children to intimidate others from coming to the U.S. (R.I.L.R. v. Johnson, 12/16/14)
BIA Finds Violation of Protective Order Must Relate to Domestic Violence
Unpublished BIA decision orders further consideration of whether respondent is removable under INA 237(a)(2)(E)(ii) because the IJ did not determine whether the protective order he violated was issued to prevent domestic violence. Special thanks to IRAC. (Matter of Umanzor Cabrera, 12/11/14)
BIA Remands for Consideration of Gang-Related Asylum Claim
Unpublished BIA decision remands record because the IJ issued an order of removal without letting the respondent file an asylum application after he expressed a fear of harm by gangs in El Salvador. Special thanks to IRAC. (Matter of Marroquin-Dimas, 12/10/14)
BIA Says Respondent Is Eligible for Withholding on Account of His Political Opinion
Unpublished BIA decision sustaining appeal from withholding denial, finding the violence and intimidation that respondent faced in Belarus, including being convicted and detained for 15 days, and having been kicked and punched by the police, constitute past persecution. Courtesy of Alexander Segal.