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
Presidential Memo on Urgent Refugee and Migration Needs for Mali
Presidential memorandum authorizing no more than $10 million from U.S. Emergency Refugee and Migration Assistance Fund for the purpose of meeting urgent refugee and migration need related to humanitarian crisis in northern Mali. (77 FR 42947, 7/20/12)
CA8 on Particular Social Group in Guatemalan Asylum Claim
The court held that “Guatemalans returning from the U.S. who are perceived as wealthy” is not a particular social group within the meaning of the INA, and denied the petition for review. (Matul-Hernandez v. Holder, 7/17/12)
CA5 Holds Breach of Confidentiality Can Be Grounds for Asylum Claim
The court found that the applicant had a separate claim of relief based on a breach of confidentiality by the government in revealing to the Nigerian consulate that he had applied for asylum, but upheld the BIA’s denial of his claim. (Dayo v. Holder, 7/12/12)
CA3 Denies CAT Claim Based on Cooperation in Murder Investigation
The petitioner argued that, if deported, he would be tortured by a Jamaican drug gang because of his cooperation in a murder investigation, but the court found he did not show government involvement or acquiescence. (Green v. Att’y Gen., 7/12/12)
Notice of Asylee Eligibility for ORR Assistance
The Department of Health and Human Services' Office of Refugee Resettlement notice provides information on asylee eligibility for services and asssistance through that office.
CA1 Denies Asylum to Honduran Tax Analyst
The court found that the Honduran petitioner, who received threats because he wrote a report exposing government fraud, failed to show that he suffered harm amounting to persecution or that he was targeted because of a protected ground. (Lobo v. Holder, 7/6/12)
USCIS Policy Memo on Material Support Bar Exemptions for KLA Activities
USCIS 7/5/12 policy memo on Secretary Napolitano exercising discretionary authority not to apply certain terrorism-related inadmissibility grounds for certain aliens on voluntary activities or associations relating to the Kosovo Liberation Army (KLA).
CA9 on the Material Support Bar and Administrative Waiver Process
The court held that the material support bar does not include an implied exception for legitimate political violence or support under duress, and noted it deferred to the administrative waiver process supplied by Congress. (Annachamy v. Holder, 7/3/12)
DOJ OIL June 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) June 2012 Litigation Bulletin where Fifth Circuit ruled that “particularity” and “social visibility” criteria for “particular social group” asylum claims are reasonable and entitled to Chevron deference.
CA9 Finds Jurisdiction over Denial of Alien Crew Member Asylum Claim
The court found that it had jurisdiction to review the denial of an alien crew member’s “asylum-only” proceeding because it is the functional equivalent of a final order of removal, but denied the petition for review. (Nian v. Holder, 6/28/12)
DOS Nominates Director of International Organization for Migration
DOS press release announcing that Secretary of State Hillary Clinton has formally nominated William Lacy Swing for a second five-year term as Director General of the International Organization for Migration (IOM).
CA1 Denies Guatemalan Social Group Claim
The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12)
CA5 Upholds “Particularity” and “Social Visibility” Requirements in Asylum Case
The court upheld the BIA’s “particularity” and “social visibility” requirements for membership in a particular social group, and found the proposed social group based on resisting gang recruitment did not meet those requirements. (Orellana-Monson v. Holder, 6/25/12)
NSC Stakeholder Newsletter, June 2012
NSC June 2012 stakeholder newsletter, which includes information on I-601 centralization and waiver filing tips for the USCIS lockbox, World Refugee Day, an alert that the provisional I-601 waiver is not in effect, a list of upcoming NSC stakeholder calls, and more
CBP Releases Memo and Muster on Processing Derivative Asylees
CBP released a redacted memo and muster on processing derivative asylees “following-to-join” their principal asylee relatives residing in the U.S. The memo outlines admission procedures including proper admission codes, Form I-765, processing requirements, and travel packet routing to the NSC.
CA1 Remands to BIA Due to Inadequately Reasoned Decision
The court held that the petitioner was not eligible for cancellation because she could not impute her father’s time in the U.S. to her continuous residence, but remanded her asylum claim, finding the BIA’s decision inadequately reasoned. (Aponte v. Holder, 6/21/12)
IJ Grants Asylum in Gang Retaliation Case
The IJ found that the asylum applicant demonstrated a well-founded fear of persecution because a Salvadoran gang issued targeted threats to her and her family members due to her late brother’s membership in a rival gang. Courtesy of Jean Han.
President Obama’s Statement on 2012 World Refugee Day
White House press statement on President Barack Obama’s statement on World Refugee Day highlighting that the United States has welcomed more than three million refugees from all over the world since 1975 and continues to lead the world in refugee resettlement.
USCIS Announces Schedule for First National Stakeholder Symposium
USCIS schedule of events for first USCIS National Stakeholder Symposium on 6/26/12 which will include a keynote address by DHS Secretary Janet Napolitano and a plenary session led by USCIS Director Alejandro Mayorkas and a series of breakout sessions with senior leadership.
USCIS Provides TRIG Statistics from 6/5/12 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 6/5/12, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
DOJ OIL May 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) May 2012 Litigation Bulletin where the Supreme Court deferred to BIA’s interpretation that imputation is not available to applicant for cancellation and other issues related to adjustment of status and other decisions.
USCIS Provides Instructor Guide on TRIG
USCIS provided instructor guide on Terrorist-Related Inadmissibility Grounds (TRIG). This course reviews the grounds under INA §212(a)(3)(B)(i), the applications to which such grounds apply, and the currently available exemptions to the inadmissibility grounds.
CA7 to Rehear Asylum Case on Particular Social Group En Banc
The court ordered that Cece v. Holder – a decision in an asylum case which held the petitioner’s proposed social group lacked the required common, immutable characteristic - be reheard en banc. (Cece v. Holder, 5/31/12)
DHS Proposes New “Social Distinction” Test in Asylum Case
DHS proposed a new "social distinction” test for asylum cases in its brief in Valdiviezo-Galdamez, on remand from a Third Circuit decision which rejected the BIA’s "social visibility" and "particularity" tests for determining if a particular social group exists.
CA4 Upholds Matter of Rojas on Mandatory Detention under § 236(c)
The court found that the petitioner is subject to mandatory detention under § 236(c), despite the fact he was not taken into federal custody immediately upon his release from state custody. (Hosh v. Lucero, 5/25/12)