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
CA7 Declines to Review Withholding Denial for Mexican Petitioner Fleeing Abusive Wife
The court held that the BIA did not err by finding that the petitioner failed to identify “persons who face persecution by corrupt governmental and law enforcement authorities instigated by a politically connected spouse” as a valid social group. (Ruiz-Cabrera v. Holder, 4/8/14)
CA8 Declines to Review Asylum Denial for Chinese Christian
The court denied the petition to review the asylum denial, finding that the IJ did not violate the petitioner’s right to due process because the Mandarin Chinese interpreter provided at the hearing was competent. (Yang v. Holder, 4/4/14)
CA1 Declines to Review MTR for Christian Indonesians Seeking Asylum
The court denied the petition to review the motion to reopen (MTR) the asylum denials, finding that Christian Indonesian petitioners failed to demonstrate error sufficient to warrant reopening of their removal proceedings. (Marsadu v. Holder, 4/4/14)
Joint Letter on Employment Eligibility Requirements for Asylees and Refugees
Joint Office of Refugee Resettlement (ORR)/OSC letter on employment eligibility requirements for asylees, refugees and other populations served by ORR, indicating that in most cases, the special humanitarian populations served by ORR have the right to work. Letter supersedes ORR State Letter #01-30.
AILA Amicus Urges Court to Hold Asylum Is Available to Individuals Subject to Reinstatement
AILA amicus brief filed with the Ninth Circuit Court of Appeals, arguing that any noncitizen arriving or physically present in the U.S. is eligible to apply for asylum notwithstanding whether he has returned after removal or departure under a removal order.
Practice Pointer: The Affirmative Asylum Backlog Explained
Practice pointer explaining the affirmative asylum application backlog at USCIS asylum offices, including information on its causes and USCIS efforts to resolve it, as well as practice tips on handling cases affected by the backlog. Special thanks to the AILA Asylum & Refugee Liaison Committee.
USCIS Transferring Responsibility for Approving Form I-730 to International Field Offices
USCIS message that it will begin transferring responsibility in phases, for approving Form I-730 from service centers to USCIS international field offices. Change will not alter requirements or processing times. First phase beginning 4/1/14 involves cases with beneficiaries residing in China.
DOJ OIL April 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for April 2014, with articles on persecution in relation to political affiliation and social groups as well as the application of IIRIRA’s reinstatement provision. The bulletin also contains recent circuit court decisions and EOIR statistics for FY2013.
BIA on §237(a)(1)(H) Waiver Eligibility
Unpublished BIA decision agreeing with the IJ that respondent was statutorily eligible for a waiver of deportability under §237(a)(1)(H) as a matter of discretion, even though he failed to disclose his time in the Serbian Army. Courtesy of Marshal E. Hyman.
BIA on Readjustment Under INA § 209(b)
The Board held that an alien whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under INA §209(b). Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014).
Processing Times for I-765 Asylum Applicants at NSC
AILA Liaison has recently received reports of I-765 applications for asylum applicants falling outside of posted processing times at the NSC. As such, the NSC Committee reached out to NSC and asked about the timeframe for adjudication of these applications, and NSC provided clarification.
CA8 Denies Withholding and CAT Relief to Guatemalan Petitioner Fleeing MS-13
The court declined to review the CAT and withholding denials, finding that the Guatemalan petitioner did not present any evidence indicating that those who identify MS-13 gang members to police suffer greater crime than others who resist gang violence. (Garcia v. Holder, 3/19/14)
CA7 Vacates Removal Order for Honest Mexican Police Officer Seeking Asylum
The court found the removal order of the Mexican petitioner seeking asylum under the social group of honest police officers could not stand without further proceedings, and the distinction between honest police and effective honest police was without merit. (R.R.D. v. Holder, 3/19/14)
CA11 Denies Petition to Review Asylum Denial in Chinese Forced Sterilization Case
The court found petitioners did not show the IJ and BIA erred in determining a 2006 "official document" from the Birth Control Office was unauthenticated and thus did not err in giving it little or no weight when denying the forced sterilization asylum case. (Wu v. U.S. Att’y Gen., 3/18/14)
CA8 Denies Petition to Review Asylum Denial for Chinese Christian
The court denied the petition for review, upholding the IJ’s adverse credibility determination for the Chinese Christian petitioner seeking asylum and finding that the BIA’s decision that petitioner is not eligible for asylum is supported by substantial evidence. (Li v. Holder, 3/13/14)
EOIR Claim Form for ABT Settlement
EOIR claim form for class members of the ABT, et al v. USCIS agreement related to asylum applicants and EAD eligibility. Class members who believe they were denied relief under Section III of the ABT settlement agreement can use this form to submit claims with EOIR and USCIS.
CA7 Declines to Review Asylum Denial for Chinese Petitioner
The court found it lacked jurisdiction to review the BIA’s conclusion that the Chinese petitioner’s asylum application was time-bared, and denied his CAT and withholding claims. (Tian v. Holder, 3/13/14)
CA9 Denies Petition to Review Asylum Denial for Chinese Petitioner
The court held the evidence did not compel the conclusion that the petitioner was credible, the IJ’s well-supported demeanor finding was entitled to special deference, and the IJ appropriately considered the record as a whole and the totality of the circumstances. (Huang v. Holder, 3/12/14)
DOS Request for Comments on Medical Examination for Immigrant or Refugee Applicant
DOS 60-day notice of proposed information collection on the Medical Examination for Immigrant or Refugee Applicant (DS-2053 or DS-2054). Comments will be accepted until 5/12/14. (79 FR 13730, 3/11/14).
AILA Quicktake #68: Answering Questions on Asylum for Venezuelan Nationals
Dree Collopy, AILA member, asylum expert, and author of the upcoming 7th edition of AILA’s Asylum Primer, answers some questions regarding Venezuelan nationals and asylum proceedings.
CA7 Dismisses Chinese Asylum Petition for Lack of Jurisdiction
The court found that the petitioner was unable to articulate any political opinion regarding the Chinese government’s taking of his property and dismissed the asylum petition for lack of jurisdiction. (Chen v. Holder, 3/10/14)
CA9 Holds Procedural Requirements for MTRs Apply to CAT Claims
The court denied a petition for review of the BIA’s denial of an untimely motion to reopen (MTR) based on changed country conditions in the Philippines and held that the procedural requirements relating to MTRs specified in 8 CFR §1003.2(c) apply to CAT claims. (Go v. Holder, 3/7/14)
CA3 Finds BIA Did Not Meaningfully Review New Evidence in Chinese Asylum Case
The court vacated the order denying the motion to reopen and remanded, finding that the BIA’s opinion did not reflect meaningful consideration of much of the evidence the petitioner submitted in support of her motion relating to forced sterilization in China. (Zhu v. Att’y Gen., 3/4/14)
USCIS Consolidated Guidance for Refugee and Asylee-Based Adjustments under INA §209
USCIS policy alert that the USCIS Policy Manual has been updated to address adjustment of status applications filed by refugees and asylees under INA §209(a) and 209(b). The guidance in Volume 7 of the Policy Manual consolidates and supersedes the Adjudicator’s Field Manual and related policy memos.
CA7 Remands Asylum Denial for Landowner from Colombia
The court remanded, finding that the petitioner suffered direct persecution on account of being a landowner of means who refused to cooperate with the Revolutionary Armed Forces of Colombia (FARC) when the FARC threatened and kidnapped her father. (N.L.A. v. Holder, 3/3/14)