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
DOS Releases 2011 Country Reports on Human Rights Practices
DOS press release announcing on 5/24/12 that Secretary of State Hillary Clinton submitted the “2011 Country Reports on Human Rights Practices” to Congress. The annual Human Rights Reports provide facts underlying U.S. efforts to promote respect for human rights worldwide.
CA11 Strikes Down Post-Departure Bar Regulation
The court held that the departure bar in 8 C.F.R. § 1003.2(d), which prohibits the BIA from considering a motion to reopen filed by a noncitizen who is outside of the U.S., impermissibly conflicts with the INA § 240(c)(7)(A). (Lin v. U.S. Att’y Gen., 5/23/12)
CA11 Remands §209(c) Waiver Denial
The court found that the IJ and BIA erred by failing to consider country conditions in Sudan and the hardship the petitioner would suffer if removed when they denied his waiver application under INA § 209(c). (Makir-Marwil v. U.S. Att’y Gen., 5/22/12)
IJ Grants Asylum to Liberian Woman Captured During War
In an unpublished decision, the immigration judge held that the respondent demonstrated that she suffered past persecution in Liberia on account of her membership in the particular social group of Liberian women who were captured during the war and used as sex slaves.
DHS Data Tables on FY2011 Refugee & Asylee Statistics
DHS online resource providing data tables on persons who were admitted to the U.S. as refugees or granted asylum in 2011. In 2011, there were a total of 56,384 persons who were admitted to the United States as refugees & 24,988 individuals who were granted asylum in 2011.
DHS Annual Report on Refugee & Asylee Numbers for FY2011
The DHS Office of Immigration Statistics issued its May 2012 Annual Flow Report on refugee & asylee admissions for FY2011. In 2011, there were a total of 56,384 persons who were admitted to the United States as refugees & 24,988 individuals who were granted asylum in 2011.
Minutes from NBC Meeting with AILA (5/11/12)
Meeting minutes from the AILA NBC Liaison Committee 5/11/12 meeting with NBC, including information on new NBC initiatives, an updated organizational chart, EADs in cases administratively closed under prosecutorial discretion, I-485s, AWA, change of address, and more.
NSC Liaison Q&As on Refugee & Asylum Teleconference (5/10/12)
The NSC Liaison Committee unofficial Q&As from the 5/10/12 teleconference with the Nebraska Service Center. Topics include processing times for refugee/asylee adjustments, medical exams, DNA issues, and more.
USCIS Provides Asylum Statistics from 5/8/12 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 5/8/12, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.
BIA Finds Respondent Eligible for Derivative Asylum
The BIA held that the respondent, who is unmarried and turned 21 while her mother’s asylum application was pending, continues to be classified as a “child” for purposes of qualifying for derivative asylum. Matter of A-Y-M-, 25 I&N Dec. 791 (BIA 2012)
CA9 Applies Collateral Estoppel in Nigerian CAT Claim
The court held that collateral estoppel bound the BIA to the findings that led to the petitioner’s first grant of CAT deferral, and concluded that the BIA erred in denying a motion to reopen to introduce new evidence. (Oyeniran v. Holder, 3/6/12; amended 5/3/12)
DOJ OIL April 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) April 2012 Litigation Bulletin where Eleventh Circuit held that asylum confidentiality provision was not violated by disclosure of name to hospital administrator and other issues related to adjustment of status and asylum decisions.
CA6 Declines to Transfer Venue, Remands on Firm Resettlement Finding
The court rejected the government’s motion to transfer the asylum case to the Fourth Circuit, and remanded to the BIA to reevaluate the IJ’s firmly resettled finding. (Thiam v. Holder, 4/30/12)
CA1 on Corroboration in Asylum Proceedings
Applying the law as it existed prior to the REAL ID Act, the court found that the BIA should have made an explicit finding on the adequacy of the asylum applicant’s explanation for failing to corroborate certain aspects of his claim. (Soeung v. Holder, 4/25/12)
NSC Newsletter, April 2012 (Vol. 1, Issue 1)
Nebraska Service Center released the inaugural issue of it’s stakeholder newsletter for April 2012. Topics include a list of NSC product lines, background information on NSC, the upcoming May 9 business representative conference, instructions for I-131 expedites, and more.
USCIS Memo on Implementation of Reasonable Fear Processing Timelines
USCIS memo dated 4/17/12 on implementing reasonable fear processing timelines and reporting mechanisms. The memo revises the 2003 “Draft Reasonable Fear Procedures Manual,” and updates the 2005 “User's Guide to Entering Information in the Asylum Pre-Screening System.”
BIA on Refugees in Removal Proceedings
The BIA held that a refugee who has not adjusted status can be placed in removal proceedings without a prior inadmissibility determination by DHS, but that the charges of removability must be under INA § 237, not § 212. Matter of D-K-, 25 I&N Dec. 761 (BIA 2012)
CA1 Upholds Denial of Cancellation of Removal Based on False Testimony
The court found it had authority to review the decision on the petitioner’s cancellation of removal application, upheld the IJ and BIA’s adverse credibility determination, and found that he was statutorily barred from relief. (Restrepo v. Holder, 4/12/12)
CA1 Issues Final Judgment in 18-Year-Old Asylum Case
The court found authority to issue a final judgment in the asylum case of a former Peruvian military officer, noting that it explicitly retained jurisdiction over the case after remanding to the BIA in 2011. (Castaneda-Castillo v. Holder, 4/12/12)
CA11 on Right to Confidentiality in Asylum Proceedings
The court affirmed the adverse credibility finding, and found the investigator’s disclosure of the petitioner’s name to a Ukrainian hospital administrator did not breach her right to confidentiality in the asylum process. (Lyashchynska v. U.S. Att’y Gen., 4/4/12)
CA9 on Standard of Review for Particularly Serious Crime Determination
The court held that determining whether a crime is particularly serious for the purposes of a withholding claim is an inherently discretionary decision, and that they will review such decisions for abuse of discretion. (Arbid v. Holder, 4/3/12, amended 11/9/12)
Presidential Memo on Urgent Refugee and Migration Needs
Presidential memorandum authorizing no more than $26 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 South Kordofan and Blue Nile States of Sudan.
IJ Grants Asylum to Salvadoran Youth Targeted for Gang Reprisal
The Immigration Judge found that the applicant had a well-founded fear of future persecution on account of his family ties, where the applicant’s father had been convicted of raping the sister of a gang member and the gang sought revenge. Courtesy of Nikki Mehrpoo Jacobson.
BIA Remands Egyptian Asylum Case
In an unpublished decision, the Board reversed a decision denying asylum, noting that a persecutor “may have several reasons for harming a victim and proving the exact reason for the past or feared persecution may be impossible in some cases." Courtesy of David Cleveland.
DOS Notice of Public Meeting on FY2013 U.S. Refugee Admissions Program
DOS notice of public meeting on the President’s FY2013 U.S. Refugee Admissions Program on Tuesday, May 1, 2012. The meeting’s purpose is to hear the views of attendees on the appropriate size and scope of the FY2013 U.S. Refugee Admissions Program. (77 FR 19408, 3/30/12)