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
BIA Sustains Asylum Appeal, Finds Coerced FGM Is Persecution
Unpublished BIA decision sustaining appeal, finding that women who violate gender-specific social norms constitute a particular social group and FGM was inflicted as a result of coercion sufficient to amount to persecution within the meaning of INA 101(a)(42). Courtesy of Aleksander Milch.
CA5 Holds Noncitizen Does Not Have to Maintain Asylum Status in Order to Adjust
The court held that INA §209(b) is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under the statute, and vacated the BIA’s decision ordering removal. (Siwe v. Holder, 2/6/14)
CA4 Denies Chinese Religious Persecution Claim and Remands Forced Sterilization Claim
The court remanded the forced sterilization claim, as the BIA relied on the 2007 DOS China Report and did not account for the contrary evidence that parents of two U.S.-born children could face persecution in China. (Chen v. Holder, 2/5/14)
USCIS Extension of Request for Comments on Revisions to Form I-590
USCIS 30-day notice of an extension of the request for comments on revisions to Form I-590, Registration for Classification as Refugee. Comments are now due by 3/7/14. (79 FR 6915, 2/5/14)
BIA Recognizes Effeminate Gay Males from Mexico as Particular Social Group
Unpublished BIA decision finds effeminate gay males from Mexico with female gender identities to qualify as particular social group for purposes of asylum and withholding of removal. (Matter of M-G-O-, 2/4/14) Special thanks to IRAC.
EOIR Adds Country Conditions Resource Information to Virtual Law Library
EOIR press release on resources that are now available in EOIR’s Virtual Law Library, including publicly available information on 54 countries, with documents on multiple aspects of country conditions that could be relevant to respondents before the immigration courts and the BIA.
Immigration Law Advisor, February 2014 (Vol. 8, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with articles on social “visibility,” summary of recent circuit court decisions for January 2014, summary of BIA precedent decisions, and a regulatory update.
DOJ OIL February 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2014, with articles on BIA’s clarification on the elements of particularity and social visibility to establish a particular social group, Silva-Trevino v. Holder, and TPS for Haiti, as well as circuit court decisions for February 2014.
CA6 Upholds Adverse Credibility Finding in Asylum Denial for Ukrainian Citizen
The court denied the petition to review the asylum denial, finding that under the REAL ID Act, inconsistencies the IJ found in petitioner’s testimony were sufficient for an adverse credibility finding, although they did not go to the heart of the asylum claim. (Slyusar v. Holder, 1/30/14)
USCIS Q&As from 1/28/14 Asylum Stakeholder Engagement
USCIS Q&As from the 1/28/14 USCIS asylum division quarterly stakeholder engagement. Topics covered include an update on the phased implementation of the asylee/refugee following to join process, personnel updates, RAIO combined training and asylum division officer training, and stakeholder Q&As.
BIA Remands Asylum Claim of Eritrean Fearing Military Service
Unpublished BIA decision remands for further consideration of asylum claim due to evidence indicating that Eritrean military conscripts are subjected to involuntary servitude and evaders receive disproportionate punishment (Matter of D-G-, 1/28/14) Special thanks to IRAC.
Data on Asylee Benefits Orientations
Information on asylee benefits orientations held at certain asylum offices, including information on the date the orientations started, sponsors, frequency, notification to asylees, and approximate numbers of attendees. Provided by the USCIS Asylum Division at a 1/28/14 stakeholder meeting.
USCIS Q&As from Asylum Stakeholder Meeting (1/28/14)
USCIS Q&As from the Asylum Division Quarterly Stakeholder Meeting on 1/28/14. Topics include updates from USCIS, recently issued memoranda, statistics, asylee benefit orientations, headquarters review of cases, the backlog, staffing updates, and asylum officer notes.
USCIS Memo on Changes to Case Categories Requiring Asylum Headquarters Review
USCIS 1/27/14 memo from John Lafferty, Chief of the Asylum Division, with the revised categories of affirmative asylum cases that require USCIS Headquarters review. The revisions are effective immediately.
USCIS Provides Asylum Division Statistics (October 2013 Through December 2013)
Statistics provided by USCIS Asylum Division including data on asylum office workload, number of asylum applications filed, breakdown of nationalities of asylum applicants, statistics on cases completed, credible fear reports, country-specific info, and more, for October 2013 through December 2013.
CA4 Finds Former Gang Members Can Be Particular Social Group
The court reversed the BIA, and held that the particular social group of former MS-13 members who have renounced their gang membership is immutable for withholding of removal purposes. (Martinez v. Holder, 1/23/14)
CA6 Remands for BIA to Decide Whether Offense Is a CIMT
The court remanded for the BIA to decide whether petitioner’s offense under Michigan law is a CIMT and whether he is removable without giving his attorney’s concession binding effect, and separately affirmed the BIA’s conclusion that he is ineligible for asylum. (Hanna v. Holder, 1/17/14)
AILA Announces New Author for Premier Asylum Resource
AILA announced that Dree K. Collopy, Partner, Benach Ragland, has signed on to author the 7th edition of AILA’s Asylum Primer. The Primer is the “go-to” asylum resource and the 7th edition will be released in late fall.
Statistics on Asylum Cases Pending Interview by Office
Asylum statistics on the number of cases pending interview, average number of days that cases have been pending, and number of days between filing and interview. Also includes the number of particular social group claims from select countries. Provided at a 1/28/14 asylum stakeholder meeting.
CA4 Remands Asylum Denial for Bipolar Individual from Tanzania
The court vacated and remanded, finding that the petitioner who suffered severe harm in hospitals and prisons in Tanzania qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior. (Temu v. Holder, 1/16/14)
CA1 Upholds Denial of MTR for Guatemalan Teacher Seeking Asylum
The court denied the petition for review, upholding the BIA’s denial of the motion to reopen (MTR) the removal proceedings, because the new evidence did not prove persecution in Guatemala was on account of teachers’ public teaching and opposition to gangs. (Rosales v. Holder, 1/15/14)
1st Things First (October 2013)
October 2013 edition of 1st Things First. Courtesy of the AILA New England Chapter.
USCIS Provides TRIG Statistics from 1/8/14 Meeting
Statistics current as of 12/31/13, provided by USCIS at a TRIG stakeholder meeting held on 1/8/14, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud
The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). (Darif v. Holder, 1/2/14)
DOJ OIL January 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2014, with articles on individuals with bipolar disorder as a particular social group and the immigration consequences of military service, as well as circuit court decisions for January 2014 and monthly topical parentheticals.