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
CA1 Declines to Review Withholding Denial for Guatemalan Petitioner
The court declined to review the withholding of removal denial, holding that substantial evidence supported the BIA’s findings that the petitioner did not establish past persecution or a clear probability of future persecution by the Guatemalan guerillas. (Bedoya v. Holder, 7/30/14)
CA3 Declines to Review Withholding Denial for Mexican Gay Male with HIV
In a nonprecedential decision, the court found that substantial evidence supported the BIA’s conclusion that the petitioner failed to present adequate evidence linking harm from his uncle and the police officer in Mexico to his sexual orientation. (Gutierrez v. Att'y Gen., 8/12/14)
Video: On The Ground In Artesia
AILA members volunteering in Artesia share their on the ground experiences.
CA8 Affirms Cancellation and Withholding Denials for Petitioner from The Gambia
The court held the BIA did not err in finding petitioner ineligible for cancellation, based on false marriage testimony in the adjustment interview, and also did not err in rejecting her withholding claim as a mother of daughters at risk for FGM in Gambia. (Goswell-Renner v. Holder, 8/7/14)
BIA Finds Salvadoran Respondent a Flight Risk but Sets Bond at $5,000
Unpublished BIA decision sustaining appeal and ordering respondent released on $5,000 bond, finding that although a flight risk, evidence of a fixed address, significant family ties in the U.S., and asylum claim provided incentive to appear at future proceedings. Courtesy of Ivan Yacub.
DOS Releases 15 Asylum Country Profiles To Settle FOIA Lawsuit
Asylum country profiles released by the Department of State in response to a FOIA lawsuit. Special thanks to David Cleveland.
CA7 Says Warnings About Frivolous Asylum Bar Were Adequately Translated at Interview
The court held the BIA did not err in when it applied INA §208(d)(6), finding that although the petitioner had limited English proficiency, the interpreter at the asylum interview, who was also convicted of asylum fraud, adequately translated the warnings. (Albu v. Holder, 8/5/14)
CA7 Says IJ and BIA Applied Wrong Legal Standard and Misconstrued Evidence in Asylum Case
The court remanded, finding that the IJ and BIA applied the wrong legal standard in concluding petitioner was not persecuted in Belarus on account of her political opinion and misconstrued and disregarded important evidence. (Sobaleva v. Holder, 7/24/14)
CA2 Remands, Says IJ Applied Incorrect and Overly Stringent Legal Standard in Nepali Asylum Claim
The court remanded, finding that the IJ erred when it held the petitioner to the requirement of demonstrating that political opinion was the “central” as opposed to “at least one central” ground for persecution by the Nepali Maoists. (Acharya v. Holder, 8/5/14)
TRAC Report Finding Rise in Asylum Denial Rates
Transactional Records Access Clearinghouse (TRAC) report finding that the odds of an asylum claim being denied in immigration court has risen to 50.2 percent during the first nine months of 2014. Report includes 270 accounts on each immigration judge with at least 100 asylum decisions since FY2009.
SSA POMS on Refugee Evidence for an SSN
SSA POMS announcing that effective 8/3/14, SSA discontinued the use of the Worldwide Refugee Admissions Processing System fax process for verifying refugee status for Enumeration purposes and provides a workaround for when the SAVE initial verification response does not verify refugee status.
DHS Annual Flow Report on Refugees and Asylees
DHS Office of Immigration Statistics Annual Flow Report on the number and demographics of individuals admitted to the U.S. as refugees or granted asylum in the U.S. in 2013.
CA1 Declines to Review MTR for Christian Asylum Seeker from Indonesia
The court declined to review the motion to reopen (MTR), concluding that the BIA did not abuse its discretion in finding that the petitioner’s new evidence was largely cumulative and thus did not establish changed country conditions in Indonesia. (Sugiarto v. Holder, 8/1/14)
University of Houston Law Center Helps UAC Immigrants Coming to Houston
The University of Houston Law Center is spearheading efforts to help UACs beginning immediately and continuing into the next few months. Our Law Center's clinical program, specifically the immigration and civil clinics, are engaging in a number of projects designed to address the needs of UACs who w
USCIS Asylum Office Workload for April and May 2014
USCIS asylum office workload, broken down by office, stage of the asylum case, and nationality, for April and May 2014.
CA1 Remands for BIA to Review IJ’s Factual Error in Salvadoran Asylum Case
The court remanded and asked the BIA to review whether the factual error by the IJ, which related to extortion by a gang in El Salvador, was material or harmless, as well as whether the error affected the petitioner’s asylum claim. (Perez v. Holder, 7/30/14)
CA1 Declines to Review Asylum Denial for Guatemalan Child Fleeing Gang Violence
The court declined to review the asylum denial, finding that the petitioner failed to establish a viable nexus between the identified persecution and his claimed social group of abandoned Guatemalan children lacking protection from gang violence. (Guerra v. Holder, 7/29/14)
AILA Quicktake #91: The Artesia Experience
Olsi Vrapi, AILA member and managing partner of Noble & Vrapi, joins us via Skype to discuss his experience at Artesia, a family detention center located in New Mexico set up to house families from Central America.
AILA: House Republican Plan Will Endanger Children Fleeing Violence and Persecution
AILA’s President Leslie Holman discusses the House Republican plan to address the humanitarian crisis at the southern border as a plan that, “will harm vulnerable child victims of violence.”
Speaker Boehner Letter to President Obama on TPVRA
A 7/23/14 letter from Speaker Boehner (R-OH) to President Obama arguing that it will be difficult to make “progress on this issue without strong, public support from the White House for much-needed reforms, including changes to the 2008 [TVPRA] law.”
House GOP Working Group Recommendations on Humanitarian Crisis
Recommendations of the Republican working group assembled by Speaker Boehner (R-OH) and led by Rep. Kay Granger (R-TX) in response to the humanitarian crisis in Central America.
CA1 Remands Asylum Denial for Mayan Quiché Petitioner from Guatemala
The court vacated and remanded the asylum denial, finding that the petitioner showed his Mayan Quiché identity was at least one central reason why he and his community were targeted by the Guatemalan army. (Ordonez-Quino v. Holder, 7/23/14)
NAIJ Letter to Senate Leadership on Juveniles in Immigration Courts
A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Majority Leader Harry Reid and Minority Leader Mitch McConnell on the unique concerns and protections that should be afforded juveniles in immigration courts.
NAIJ Letter to House Leadership on Juveniles in Immigration Courts
A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Speaker John Boehner and Democratic leader Nancy Pelosi on juveniles in immigration courts, stating that children and juveniles are a vulnerable population with special needs under the judicial system.
Sign-on Letter to Senate Appropriations on Counsel for Children
On 7/22/14, AILA joined 48 organizations in a sign-on letter to the Senate Appropriations Committee on the need for adequate funding for legal representation for all children.