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 Finds Jordanian Wishing to Sell Land to Israeli Government Eligible for Asylum
Unpublished BIA decision sustaining the appeal for the asylum denial, finding that the respondent established a fear of future persecution by the Palestinian Authority and Hamas regarding efforts to sell land to the Israeli government. Courtesy of Div Gopal.
CA7 Remands Denied Asylum Claim for Political Activist from Belarus
The court remanded, finding the BIA abused its discretion when it did not consider the factually distinct claims of future persecution in Belaus and rejected these claims based solely on the past adverse credibility finding. (Boika v. Holder, 8/16/13). Courtesy of Alexander Segal.
CA10 Remands Asylum Denial for Anti-Maoist from Nepal
In a nonprecedential decision, the court reversed and remanded, finding that the IJ erred in failing to find a nexus between the petitioner’s past persecution and his political opinion relating to his involvement with the Nepali Congress Party (NCP). (Sherpa v. Holder, 8/16/13)
USCIS Statistics on Form I-485s at District Offices and Service Centers
USCIS statistics on receipts, approvals, and denials of I-485s at USCIS district offices and service centers. Information on pending cases is also included. Data based on cases filed between October 2012 and June 2013.
CA10 Upholds Denial, Says Asylum Seeker from Nepal Can Safely Relocate
In a nonprecedential decision, the court upheld the BIA’s decision that the petitioner—who suffered past persecution from Maoists in Nepal—could live without a well-founded fear of persecution in Nepal if he relocates to the capital. (Rana v. Holder, 8/13/13)
CA9 Remands for BIA to Reconsider Landownership as Membership in a Particular Social Group
The court granted the petitions to review and remanded for the BIA to reconsider on the question of whether landownership may form the basis for membership in a particular social group for purposes of eligibility for asylum and withholding. (Cordoba v. Holder, 8/13/13)
CA1 Finds Petitioner Did Not Show Changed Country Conditions for Chinese Christians
The court upheld the BIA’s determination that there have not been changed country conditions for Christians in China practicing in unregistered churches such as to warrant an exception to the time limits on motions to reopen. (Liu v. Holder, 8/13/13)
CA1 Denies Asylum to Pakistani Petitioner Fleeing Taliban
The court found that the petitioner was unable to show a connection between his mistreatment and the Pakistani government, did not show he could not reasonably relocate within Pakistan, and denied asylum, withholding and CAT relief. (Khan v. Holder, 8/9/13)
CA7 Conducts Social Group Analysis and Remands Asylum Denial for Albanian Woman
The court granted the petition for review and remanded, finding that the BIA erred in its relocation assessment as well as its social group analysis of young women targeted for prostitution by traffickers in Albania. (Cece v. Holder, 8/9/13)
CRS Report on Refugee Admissions and Resettlement Policy
Congressional Research Service report, “Refugee Admissions and Resettlement Policy”, with an overview on refugee admissions and adjudication, including information of FY2013 ceilings and allocations and special refugee provisions.
CA8 Remands Asylum Case for Kenyan Petitioners
The court granted the petition for review, finding that the BIA misapplied the “social visibility” criteria when it ruled that Mungiki defectors were not a “particular social group,” and that the Kenyan government is unable or unwilling to control them. (Gathungu v. Holder, 8/6/13)
CA9 Denies Exception to One-Year Asylum Deadline to Jordanian Applicants
The court held the petitioners’ over fifteen-month delay in seeking asylum after changed or extraordinary circumstances was not reasonable where they alleged the delay was due to ineffective assistance of counsel and inability to file after issuance of the NTA. (Al Ramahi v. Holder, 8/6/13)
CA10 Upholds Asylum Denial for Petitioner from El Salvador
In a nonprecedential decision, the court denied the petition, concluding that El Salvadorans returning from the U.S. and perceived to be wealthy do not constitute a particular social group, and acts of criminality do not implicate asylum eligibility. (Delcid-Zelaya v. Holder, 8/6/13)
CA7 on Finality Under INA §242(a)(1)
The court held that an order from the BIA resolving everything except an issue relating to voluntary departure satisfies the finality rules under INA §242(a)(1), but the court should stay proceedings on the petition until voluntary departure has been resolved. (Almutairi v. Holder, 7/12/13)
Interim Procedures for Adding Same-Sex Derivative Spouses to Asylum Applications
A 8/2/13 memo from John Lafferty, Chief of Asylum Division, providing interim procedural guidance to USCIS Service Centers’ handling of I-589’s filed by same-sex spouses.
Neufeld Memo on Interim Procedure for Data Entry of Same-Sex Marriage Asylum Applications
A 8/2/13 memo from Donald Neufeld providing interim procedural guidance to USCIS Service Centers’ handling of I-589’s filed by same-sex spouses.
BIA Vacates Its Prior Decision and Remands Case Due to Prior Counsel’s Actions
Unpublished BIA decision remanding the case to allow the respondent to apply for relief from removal upon finding he was potentially prejudiced by prior counsel's failure to pursue applications for asylum or adjustment of status. Special thanks to IRAC. (Matter of Ramirez-Samuel, 8/2/13)
DOJ OIL August 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for August 2013, with articles on direct testimony where credibility was an issue and whether Albanian women who live alone constituted a “particular social group”, as well as litigation highlights and circuit court decision summaries.
CA7 Denies Asylum to Sikh Petitioner, Cites Changed Country Conditions in India
The court noted that it had “grave doubts” about the IJ’s finding that the petitioner did not suffer past persecution, but still denied the petition, holding that the treatment of Sikhs has improved significantly and that the petitioner could relocate within India. (Singh v. Holder, 6/21/13)
Court Says IJ/BIA Failed to Adequately Explain Need for Corroborating Evidence
In an unpublished Summary Order, the court remanded, concluding inter alia that the IJ’s finding that Petitioner did not meet his burden of proof was not supported by substantial evidence. (Huang v. Holder, 8/1/13) Courtesy of Donglai Yang.
CA1 Denies Motion to Reopen for Chinese Christian
The court denied the petition for review, finding that the BIA did not abuse its discretion in determining that the petitioner failed to demonstrate changed circumstances for unregistered Christian groups in China. (Zhao-Cheng v. Holder, 8/1/13)
USCIS Q&As from Asylum Stakeholder Meeting (7/31/13)
USCIS Q&As from the Asylum Division Quarterly Stakeholder Meeting on 7/31/13. Topics included the ABT settlement, DOMA, recently issued memoranda, the affirmative backlog, ZLA backlog and scheduling policies, definition of “good faith,” pre-screening timelines, expedites, and I-730 processing.
CA6 Clarifies Social Visibility Requirement in Asylum Case
CA6 upheld that BIA’s determination that young Salvadoran males who refuse recruitment by the MS gang do not constitute a cognizable particular social group, and clarified the social visibility requirement. (Umana-Ramos v. Holder, 7/30/13)
CA1 on Derivative vs. Direct Persecution
The court denied withholding of removal and CAT protection based on the petitioner’s opposition to the possible female genital mutilation (FGM) of his daughters, finding that the fear that a child will be subjected to FGM is not a basis for relief to the parent. (Camara v. Holder, 7/26/13)
AILA Amicus Brief on Asylum and Reinstatement
AILA amicus brief arguing that the reinstatement regulations limiting protection from persecution to withholding of removal, which prevent individuals who are subject to reinstatement from applying for asylum, should be struck down.