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
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In an unpublished Summary Order, the court remanded, concluding inter alia that the IJ’s finding that Petitioner did not meet his burden of proof was not supported by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.
CA9 Remands for BIA to Reconsider Death of Child in Parent’s Past Persecution Claim
The court remanded for the BIA to reconsider the denial of withholding, giving full weight to past persecution evidence of the death of the daughter of the petitioner, who was a Chinese Christian living in Indonesia. (Sumolang v. Holder, 7/25/13)
USCIS Asylum Office Statistics (March 2013 Through June 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 asylum cases completed, credible fear reports, country-specific info, and more, for March 2013 through June 2013.
Practice Pointer: Challenging the Admission of Asylum Officers’ Notes in Immigration Court
Practice pointer prepared by the AILA Asylum and Refugee Committee on how to challenge the introduction and use of asylum officers’ notes and assessments as evidence in immigration court. Special thanks to David Cleveland, Dree Collopy, and Hilary Han.
PowerPoint from USCIS/DOS 8/15/13 Teleconference on Form I-730 (Updated 8/20/13)
PowerPoint from joint USCIS and DOS 8/15/13 teleconference discussing Form I-730, Refugee/Asylee Relative Petition, including an overview of the form, filing requirements, and an explanation of the consular process for beneficiaries located abroad.
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)
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)
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)
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)