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
IJ Grants Deferral of Removal Under CAT to Mentally Ill Respondent
The immigration judge granted deferral of removal under CAT, and held that the long-term use of physical restraints and psychotropic drugs in a Mexican psychiatric institution constitutes torture. Courtesy of Anna Markovich.
BIA Reverses Adverse Credibility Finding Against Antiguan Asylum Applicant
In an unpublished decision, the Board held that the IJ’s adverse credibility finding was clear error, and that the respondent established past persecution at the hands of police officers in Antigua and Barbuda on account of his sexual orientation. Special thanks to NIJC.
BIA Reverses IJ on Severity of Past Persecution
In an unpublished decision, the BIA held that the asylum applicant had compelling reasons for being unwilling to return to Liberia because of the severity of the persecution he suffered, despite a fundamental change in country circumstances. Courtesy of Stephen Meili.
USCIS Memo on the Expansion and Extension of the Credible Fear Determination Checklist Pilot
USCIS Asylum Division memo dated 4/11/13 from Acting Chief Ted Kim expanding the credible fear determination checklist pilot to include all credible fear cases regardless of jurisdiction, effective through 9/30/13.
Unpublished BIA Case Sustains Appeal and Remands Asylum Case to Different IJ
The Board sustained the appeal for reconsideration of the respondent’s credibility and her eligibility for asylum from Syria. BIA also granted the respondent’s request for future proceedings to be before a different Immigration Judge. Courtesy of Robert DeKelaita.
CA9 Vacates BIA Determination on “Particularly Serious Crime”
The court remanded the case, holding that INA §241(b)(3)(B)(iv) establishes only one category of “per se” particularly serious crimes and requires DHS to conduct a case-by-case analysis of convictions falling outside this category. (Blandino-Medina v. Holder, 4/10/13)
CA9 Upholds Denial of Relief to Petitioner Who Practiced Da Zang Gong
The court upheld the BIA’s denial of asylum to the Chinese petitioner who asserted a fear of persecution on account of his practice of Da Zang Gong, finding there was substantial evidence supporting the IJ’s adverse credibility determination. (Cui v. Holder, 4/10/13)
CA7 Finds BIA and IJ Overlooked Material Evidence
The court remanded the case, holding that the IJ and BIA overlooked material evidence demonstrating that the petitioner suffered past persecution in Palestine on account of his political opinion. (Jabr v. Holder, 4/2/13)
CA7 Holds BIA Error in Asylum Case is Harmless
The court found that the BIA’s conclusory rejection of the petitioner’s argument was a harmless error, because the BIA could have reasonably concluded the highly generalized evidence was insufficient. (Zheng v. Holder, 3/27/13)
Immigration Law Advisor, March 2013 (Vol. 7, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on asylum claims based upon a “pattern or practice” of persecution, circuit court decisions for February 2013, and a regulatory update.
DOJ OIL April 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for April 2013, with articles on Moncrieff v. Holder, deferral of removal under CAT, and wage methodology for the H-2B program, as well as litigation highlights, recent circuit court decisions, and monthly topical parentheticals.
AIM: LGBT Families and Immigration
For April's AILA Interview of the Month (AIM), we welcome Michael Jarecki of Chicago who discusses important LGBT issues in immigration.
DOJ Notice on Forwarding of Asylum Applications to DOS
DOJ final rule amending the regulations to provide for sending asylum applications to DOS on a discretionary basis which will increase the efficiency of DOS’ review of asylum applications and is consistent with similar changes already made by USCIS. Rule effective 4/29/13. (78 FR 19077, 03/29/13)
U.S. Embassy in Khartoum, Sudan Resumes Consular Services
DOS press release stating that as of Monday, March 25th, 2013, the U.S. Embassy in Khartoum, Sudan will resume full consular services including non-immigrant visa (NIV) processing, follow-to-join refugee/asylee processing (visas 92/93), DNA testing and more.
Sen. Leahy and Rep. Lofgren Reintroduces Refugee Protection Act
A 3/21/13 press release and statement by Senator Leahy (D-VT) and Representative Lofgren (D-CA) on the reintroduction of the Refugee Protection Act.
DOS Notice on FY2014 Refugee Admission Program Meeting
DOS notice of public meeting on the President’s FY2014 U.S. Refugee Admissions Program on Wednesday, May 15, 2013. The meeting’s purpose is to hear the views of attendees on the appropriate size and scope of the FY2014 U.S. Refugee Admissions Program. (78 FR 17281, 3/20/13)
USCIS Provides Asylum Statistics from 3/19/13 Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 3/19/13, including statistics on asylum division caseload, cases pending by asylum office, caseload by nationality, and credible fear interviews.
Asylum Division Officer Training Course on Credible Fear Determinations (3/7/13)
Lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course obtained by the National Immigration Project of the National Lawyers Guild, ACLU of Massachusetts, and the law firm of Proskauer Rose through FOIA litigation.
CA11 on Conviction under South Carolina Youthful Offender Act
The court held the petitioner’s conviction under the South Carolina Youthful Offender Act qualifies as a conviction for immigration purposes, and that the conviction for pointing a firearm at another person is a crime of violence. (Cole v. U.S. Att’y Gen., 3/14/13)
CA11 Criticizes Adverse Credibility Determination in Asylum Case
The court remanded the asylum case, finding that the IJ’s “bald assertion” that the petitioner’s story is implausible could not support the adverse credibility determination and that the IJ relied too heavily on the Country Profile. (Wu v. U.S. Att’y Gen., 3/12/13)
USCIS TRIG Statistics from 3/12/13 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 3/12/13, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
CA8 Denies Peruvian Asylum Claim Based on Political Opinion
The court upheld the BIA’s conclusion that the petitioner failed to show that Peruvian authorities were unable or unwilling to protect him from his persecutors. (Gutierrez-Vidal v. Holder, 3/11/13)
CA5 Finds DHS Collaterally Estopped from TRIG Finding Against Asylee
The court found that the government was collaterally estopped from finding that the plaintiff provided material support to a terrorist organization when it reviewed his LPR application. (Amrollah v. Napolitano, 3/4/13)
CA8 on “Particular Social Group” Requirement
The court denied the asylum claim, holding that “family members of local business owners” is not a particular social group and that the petitioner did not prove that he was targeted for gang recruitment because of his father's business. (Quinteros v. Holder, 3/1/13)
DOJ OIL February 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Sixth Circuit ruled that conspiracy to traffic in identification documents constitutes a crime involving moral turpitude.