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 Says Chinese Petitioner’s Fear Is Speculative
While the IJ originally concluded that the petitioner’s fear of having an IUD implanted if she returns to China constituted a fear of persecution, the court upheld the BIA’s determination that the fear is too speculative to be considered well-founded. (Lin v. Holder, 7/23/13)
Former NYPD Officer Pleads Guilty to Defrauding Immigrants
ICE news release that a former NYPD officer pleaded guilty to conning immigrants seeking driver’s licenses and immigration assistance between October 2010 and August 2012.
DHS Notice of Revision to Procedures for Asylum and Withholding of Removal
DHS notice of revision of 8 CFR section 208.13, paragraph (c)(2)(ii) is moved after paragraph (c)(2)(i)(F). (78 FR 42863, 7/18/13)
AAO Sustains Appeal Finding that Individual Did Not Participate in Persecution
The AAO approved an INA §212(i) fraud waiver application, finding that favorable factors outweighed the applicant’s failure to fully disclose the nature of his service in the Bosnian Serb Army, and he did not participate or knowingly assist in any persecutory acts. Courtesy of Ralph Hua.
EOIR Notice of Revision to Procedures for Asylum and Withholding of Removal
EOIR notice of revision of 8 CFR part 1208.13, paragraph (c)(2)(ii) is moved after paragraph (c)(2)(i)(F). (78 FR 42863, 7/18/13)
BIA on Motions to Reopen Based on Changed Country Conditions
The Board held that a noncitizen with an in absentia order doesn’t need to rescind the order before seeking a motion to reopen to apply for asylum based on changed country conditions, and that such motions are not subject to numerical limitations. Matter of J-G-, 26 I&N Dec. 161 (BIA 2013)
House Testimony on Border Efforts While Upholding Refugee Protection Obligations
Written testimony by USCIS RAIO Associate Director Joseph Langlois for House Committee on Oversight and Government Reform for a 7/17/13 subcommittee hearing on National Security, titled “Border Security Oversight, Part III: Examining Asylum Requests.”
CA1 Denies MTR Asylum Proceedings of Guatemalan Petitioner
The court upheld the denial of the petitioner’s motion to reopen his 1999 removal proceedings, finding that the BIA did not abuse its discretion when it held that the petitioner failed to establish a material change in country conditions in Guatemala. (Jutus v. Holder, 7/17/13)
CA1 on EAJA Fees for 20 Year Asylum Case
In this 72-page decision, the court determined which of the five federal court proceedings and numerous administrative proceedings the petitioner was entitled to EAJA fees for and considered arguments for fee award reductions and enhancements. (Castaneda v. Holder, 7/17/13)
CA1 Denies MTR Based on Changed Conditions in Mexico
The court upheld the denial of the petitioner’s motion to reopen based on changed country conditions and found that the petitioner’s fear of personal retaliation due to his role in another man’s incarceration was not on account a protected ground. (Lopez v. Holder, 7/15/13)
CA7 Finds Petitioner Did Not Show Changed Country Conditions for Chinese Christians
The court upheld the BIA’s determination that the petitioner, who filed an untimely motion to reopen his asylum case because he had converted to Christianity, did not show that the persecution of Chinese Christians has worsened in recent years. (Gao v. Holder, 7/12/13)
CA7 Remands Asylum Claim on Forced Sterilization for Chinese Woman with USC Children
The court vacated the BIA decision and remanded the case in light of two recent seventh circuit decisions that cast doubt on the claim that Fujian authorities do not count children born outside of China for purposes of the one-child policy. (Zheng v. Holder, 7/11/13)
CA1 Denies Asylum to Chinese Christian Petitioner from Indonesia
The court denied the petitioner's applications for asylum and withholding, finding the mistreatment he suffered in Indonesia on account of his Chinese ethnicity and Christian religious beliefs did not rise to the level of persecution. (Ang v. Holder, 7/10/13)
Frequently Asked Questions about the Asylum Clock Class Action Settlement
The American Immigration Council and its co-counsel settled A.B.T., et al. v. USCIS, et al., a nationwide class action challenging the way USCIS and EOIR determine an asylum applicant’s eligibility for an Employment Authorization Document. This FAQ addresses questions about the settlement.
CA1 Finds Petitioner Failed to Show Exceptions to MTR Time Limit
The court held that the petitioner’s joining the China Democracy Party after being ordered removed cannot be the basis of a motion to reopen because it is a change in personal circumstances, and that China’s targeting of pro-democracy activists has not worsened. (Chen v. Holder, 7/9/13)
USCIS TRIG Statistics from 7/9/13 Meeting
Statistics current as of 5/15/13, provided by USCIS at a TRIG stakeholder meeting held on 7/9/13, including statistics on exemptions grated by category, exemptions denied by type of application, and cases on hold by type of application.
District Court Orders Vaughn Index in FOIA Case Over Asylum Officer Notes
The court found credible plaintiff's argument that asylum officer interview notes are not deliberative and ordered USCIS to produce a Vaughn index of withheld documents. (Martins v. USCIS, 7/3/13)
DHS 2012 Yearbook of Immigration Statistics
DHS Office of Immigration Statistics 2012 Yearbook of Immigration statistics, consisting of tables organized by subject matter, including legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.
BIA Finds Grant of Asylum is Not “Admission” Under INA §101(a)(13)(A)
The Board remanded the case to the IJ, holding that a grant of asylum is not an “admission” to the U.S., and IJ should make a threshold determination regarding termination of asylum status when the asylee is in removal proceedings. Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)
CBP Releases Memo on Processing Cubans at Ports of Entry
CBP released a redacted memo on processing Cubans at ports of entry. This memo supersedes the one issued 6/10/05 titled, “Treatment of Cuban Asylum Seekers at Land Border Ports of Entry.”
USCIS Memo on Processing Credible Fear Cases When a Rare Language Interpreter Is Unavailable
USCIS 6/14/13 memorandum providing guidance on processing credible fear cases when a rare language interpreter is unavailable, including scheduling an interview with the applicant to determine if the individual is able to communicate in another language.
NSC Liaison Q&As from Refugee and Asylee Product Line Teleconference (6/13/13)
The NSC Liaison Committee unofficial Q&As from AILA and other stakeholders from the 6/13/13 teleconference with NSC on refugee and asylee issues. Topics include AOS for derivative refugees, name changes, nunc pro tunc asylum cases, reentry permits, and NCSC.
CA11 Denies Informant’s CAT Claim
The court denied the petitioner’s CAT claim, held that his removal to Mexico would not violate his due process rights, and directed the court to seal only certain parts of the record. (Perez-Guerrero v. U.S. Att’y Gen., 6/12/13)
CA1 Finds No Jurisdiction to Review ABC Class Membership Determination
In a nonprecedential decision, the court found no jurisdiction to review whether the petitioner registered for ABC benefits by the 12/31/91 deadline, and denied his asylum claim, which was based his involvement in a student activist group from 1987 to 1988. (Letran v. Holder, 6/7/13)
CA7 on Conditions of Religious Freedom in China
The court held that the Chinese petitioner, who converted to Christianity after coming to the U.S., demonstrated that she had a well-founded fear of persecution, and that conditions of religious freedom in China have deteriorated since 2002. (Liu v. Holder, 6/3/13)