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
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)
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.
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)
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)
DOJ OIL March 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2014, with articles on CIMTs and adverse credibility determinations, as well as summaries of circuit court decisions for March 2014 and litigation highlights.
Updated Asylum Division Officer Training Course on Credible Fear Determinations
Updated lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course.
USCIS Asylum Division Memo Releasing Revised Credible Fear Lesson Plan
USCIS memo releasing a revised credible fear lesson plan for its officer training course. The changes are made in light of an increase in credible fear referrals and include increased emphasis on the requirement for individuals to “demonstrate a substantial and realistic possibility of succeeding.”
BIA Vacates and Remands Asylum Denial for Russian Christian from Kazakhstan
The BIA sustained the appeal, vacated and remanded, finding the respondent met his burden to establish that he suffered past persecution in Kazakhstan on account of his Christian religion and Russian nationality. Courtesy of Alexander Segal.
VOICE: March 2014
In the first revamped issue of VOICE this year, read about Miami-Dade County’s refusal to honor ICE detainers without reimbursement, learn strategies for seeking asylum for deaf immigrants, see India through the eyes of two attorneys who participated in last November’s AILA-sponsored trip, and more!
CA2 Asks BIA to Rule on Duress Exception to Material Support Bar
The court granted the petition in part, to permit the BIA to make a precedential ruling on whether a duress exception to the material support bar is implicit in INA §212 (a)(3)(B)(iv)(VI), (a)(3)(B)(i)(I). (Ay v. Holder, 2/20/14)
CA8 Denies Petition to Review Asylum Denial for Palestinian Petitioner
The court denied the petition, finding that the Palestinian petitioner failed to articulate to the BIA his current argument that he is entitled to a determination of his nationality, or lack thereof, as a predicate to a determination of his asylum eligibility. (Agha v. Holder, 2/19/14)
Practice Pointer: Understanding Withholding of Removal (Updated 4/2/14)
Practice pointer on the main conceptual and practical differences between asylum and withholding of removal and how a grant of withholding will affect your client going forward. Special thanks to Cheri Attix and the AILA Asylum and Refugee Liaison Committee.
AILA Statement for House Judiciary Hearing on Asylum Fraud
AILA statement submitted to the House Immigration Subcommittee for the 2/11/14 hearing on “Asylum Fraud: Abusing America’s Compassion.”
House Judiciary Hearing on Asylum Fraud (Updated 2/11/14)
A 02/11/14 House Judiciary Committee hearing on “Asylum fraud: Abusing America’s Compassion?”.
BIA Affirms IJ’s Grant of Asylum for Petitioner from Uganda
Unpublished BIA decision affirming the IJ’s grant of asylum, finding that petitioner was not subject to the material support to terrorism bar because the alleged support provided to the Lord’s Resistance Army in Uganda was not material. Courtesy of National Immigration Justice Center.
BIA Holds Former Gang Members Who Renounce Gang Membership Are Not a Particular Social Group
The BIA clarified the “social visibility” element required to establish a particular social group (PSG), renamed the element “social distinction,” and held that former members of an El Salvadoran gang who renounced their membership is not a PSG. Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014).
BIA Renames “Social Visibility” Element in Asylum Cases as “Social Distinction,” Clarifies Meaning
The BIA held the “social visibility” element required to establish a particular social group (PSG) doesn’t mean a literal or ocular visibility, renamed the element “social distinction,” and clarified the elements required to establish a PSG. Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014)
Practice Alert: Signing Up for E-mail Updates from EOIR
Practice alert on how to sign up to receive e-mail updates from the Executive Office for Immigration Review (EOIR) on items posted to the EOIR Virtual Law Library.
BIA Remands for Consideration of Asylum Application
Unpublished BIA decision finds respondent did not knowingly waive appeal and remands record because IJ did not provide opportunity to apply for asylum after expression of fear in El Salvador. (Matter of Melgar de Iglesias, 2/6/14) Special thanks to IRAC.