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
CA1 Finds No Changed Country Conditions in Chinese Asylum Case
The court affirmed the BIA’s conclusion that reopening of the Chinese petitioner’s asylum case was unwarranted due to his failure to establish a change in circumstances or country conditions. (Chen v. Holder, 3/30/12)
AILA/EOIR Liaison Meeting Q&As (3/29/12)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 3/29/12. Topics include rulemaking updates, prosecutorial discretion, the practice manual, laptops in the courtroom, subpoenas, telephonic testimony, limited appearances, and more.
USCIS Q&As from AILA Meeting (3/29/12)
USCIS Q&As from its 3/29/12 meeting with AILA Liaison. Topics include preponderance of evidence standard, entrepreneurs and small businesses, EAD and the asylum clock, AAO, customer service, lockbox issues, and more.
CA2 Rejects Matter of H-L-H- & Z-Y-Z-
The court rejected the BIA’s holding in Matter of H-L-H- & Z-Y-Z- to conclude that the IJ’s finding a future event will occur if an applicant is removed is a finding of fact subject to review for clear error. (Huang v. Holder, 3/27/12)
USCIS Provides TRIG Statistics from 3/20/12 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 3/20/12, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
CA5 Denies Algerian Asylum and Withholding Case
The court found that the petitioner’s asylum application was untimely, rejecting the argument that his last arrival was a continuing event that began when he became an “arriving alien,” and upheld the denial of withholding of removal. (Bouchikhi v. Holder, 3/8/12)
CA1 Upholds Denial of Gang-Related Asylum Claim
The court upheld the denial of the Salvadoran petitioner’s asylum claim, which was based on the petitioner’s resistance to gang recruitment and his anti-gang political opinion. (Mayorga-Vidal v. Holder, 3/16/12)
CA1 Remands Asylum Case Due to Faulty Credibility Determination
The court remanded the asylum case, noting that the IJ did not present a reasoned analysis of the evidence as a whole, and finding that the IJ relied on at least two perceived “inconsistencies” that were not direct inconsistencies. (Jabri v. Holder, 3/16/12)
CA1 Seeks Clarification on Credibility and Corroboration Issues
The court found that the BIA failed to address two central issues in the Ethiopian asylum case and remanded to the BIA to clarify questions relating to credibility and corroborating evidence. (Guta-Tolossa v. Holder, 3/16/12)
CA8 on Corroboration and Transcript Deficiencies
The court found that the IJ did not err in requiring further corroborative evidence to support the asylum application, but remanded to determine whether transcript deficiencies masked testimony that corroborative testimony was unavailable. (Omondi v. Holder, 3/15/12)
CA1 Finds No Jurisdiction to Review Cancellation Denial
The court held that it did not have jurisdiction to review the denial of the Bangladeshi petitioner’s cancellation of removal application, and found that the decision to deny asylum and withholding was supported by substantial evidence. (Hasan v. Holder, 3/12/12)
ICE Detention Policy for Individuals Granted Protection Relief
A 3/6/12 email from ICE ERO Executive Associate Director Gary Mead to ICE field offices, reminding them of ICE’s policy to favor the release of detained individuals who have been granted protection relief by an immigration judge, barring exceptional concerns.
CA8 Upholds Social Visibility/Particularity Inquiries in Asylum Claim
The court denied the petitioner’s gang-based asylum claim, and upheld “social visibility” and “particularity” as requirements for establishing membership in a particular social group. (Gaitan v. Holder, 3/1/12)
VOICE: March/April 2012
Spring into the March/April edition of VOICE! This issue contains great information and helpful tips on hiring the right employees for your firm, I-129 forms, prosecutorial discretion, and more! Plus, watch AILA’s first animated video, “The Impossible Dream.”
DOJ OIL February 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) February 2012 Litigation Bulletin with major asylum cases including First Circuit ruling that generalized political motive underlying a persecutor’s mistreatment does not establish persecution on account of political opinion.
DOJ OIL March 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) March 2012 Litigation Bulletin where 9th Circuit held that solicitation of prostitution is categorically a CIMT under California law, 3rd Circuit ruled that 4-year detention during pendency of appeals is unreasonable and more.
CA2 Says IJs May Decline to Make Frivolousness Finding
The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a frivolousness finding. (Zheng v. Holder, 2/27/12)
Federal Agency Says Telephone Scams Target Refugees
Press release from HHS Office of Refugee Resettlement (ORR) says that there are reports of refugee families victimized by the recent telephone scam targeting Bhutanese refugees have come in from Texas, Washington, Colorado, Illinois, Pennsylvania, and Nebraska.
AILA Files Amicus Brief on Social Visibility/Particularity Inquiries in Asylum Cases
AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of "particular social group" for asylum purposes, arguing that the "social visibility" or "particularity" tests should not constitute part of the social group inquiry.
EOIR FY2011 Statistical Yearbook
The FY2011 Statistical Year Book from EOIR containing statistics on respondents’ cases by nationality, language, and disposition. In addition to the standard information, this year’s book includes pending caseload numbers broken down by immigration court.
BIA Remands Humanitarian Asylum Case to IJ
In a case on remand from the Eighth Circuit, the Board found that further fact-finding may be necessary to determine whether the Albanian respondent should be granted humanitarian asylum based on past persecution. Matter of L-S-, 25 I&N Dec. 705 (BIA 2012)
BIA Remands Asylum Case Based on Pro-Democracy Activities in US
In an unpublished decision, the Board remanded to the IJ to determine whether there is a reasonable possibility that the Burmese authorities are aware, or may become aware, of the respondents’ protests with pro-democracy groups in the US. Courtesy of David Cleveland.
Suspension of Visa Services at U.S. Embassy, Damascus
U.S. Embassy in Damascus, Syria announced the suspension of visa services until further notice. Certain visa cases will be handled in Amman, Jordan.
NSC Liaison Q&As on Refugee/Asylee Product Line Teleconference (2/9/12)
The AILA NSC Liaison Committee reports unofficial Q&As from the 2/9/12 teleconference with the Nebraska Service Center on the refugee/asylee product line. Topics include I-693 medical exam questions, Liberian holds, I-765 photo requirements, and more.
CA9 Finds Petitioner Suffered Past Persecution as an Infant
The court found that the petitioner suffered past persecution as an infant in Guatemala where his indigenous family suffered severe persecution, and where the petitioner suffered deprivations directly attributable to the persecution. (Mendoza-Pablo v. Holder, 2/7/12)