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
CA7 on Particular Social Group in Albanian Asylum Case
The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group. (Cece v. Holder, 2/6/12)
DOS Notice on Consolidation of Refugee Case Records
DOS notice on proposal to consolidate two existing systems of records, Refugee Case Records, State-59 and Refugee Processing Center Records, State-60, pursuant to the provisions of the Privacy Act of 1974. (77 FR 5865, 2/6/12)
DHS OIG Releases Report on Information Sharing on Foreign Nationals at U.S. Borders.
A redacted DHS OIG report published 2/13/12, addressing the strengths and weaknesses of DHS’s information sharing on foreign nationals at U.S. borders, including eight recommendations meant to help use DHS resources better and facilitate increased data sharing.
DOJ OIL January 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2012 Litigation Bulletin where Third Circuit ruled that ineffective assistance of counsel claim does not extend to visa petition process and other issues related to key adjustment of status and asylum decisions.
CA7 on Withholding of Removal and China’s “One-Child” Policy
The court found that the petitioner did not prove that it was more likely than not she would be persecuted because of her opposition to China’s “one child” policy if she returns to China. (Zheng v. Holder, 1/31/12)
CA1 Denies Salvadoran Asylum Claim
The court found the petitioner did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered at the hands of FMLN guerillas in El Salvador. (Guerrero v. Holder, 1/31/12)
CA1 Denies Guatemalan Social Group Withholding Claim
The court found the Guatemalan petitioner did not show a connection between her feared harm and her membership in either of two social groups: single women perceived to have substantial economic resources or former children of war. (Arevalo-Giron v. Holder, 1/31/12)
CA1 Finds Witnesses to Serious Crime Not a “Socially Visible” Group
The court found that the petitioner’s social group of "witnesses to a serious crime whom the government is unable or unwilling to protect" is not sufficiently visible to establish a particular social group. (de Carvalho-Frois v. Holder, 1/26/12)
CA4 Finds BIA Applied Wrong Standard of Review
The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard. (Turkson v. Holder, 1/26/12)
CA9 on Credibility Findings under the REAL ID Act
The court found that the BIA complied with its remand mandate by considering the REAL ID Act’s impact on the immigration judge’s finding that the petitioner’s claims were not sufficiently corroborated for his request for CAT relief. (Oshodi v. Holder, 1/26/12)
USCIS Provides Asylum Statistics from January 2012 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 1/26/12, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.
CA1 Rejects Gang-Related Withholding Claim
The court found that the petitioner, who argued he was targeted for gang recruitment and would be perceived as a wealthy returnee to El Salvador, did not establish membership in a particular social group. (Garcia-Callejas v. Holder, 1/24/12)
CA6 Upholds Asylum Denial Due to Adverse Credibility Determination
The court found there was substantial evidence the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in other findings regarding credibility. (Abdurakhmanov v. Holder, 1/23/12, amended 3/1/12).
CRS Report on Immigration Issues in the 112th Congress
Congressional Research Service (CRS) report on immigration issues in the 112th Congress, including border control and visa security, legal immigration, documentation and verification, interior enforcement, citizenship, and refugees and other humanitarian populations.
BIA Finds Couple Obtained Firm Resettlement in Belize
The BIA held that the respondents were firmly resettled prior to coming to the U.S. and thus ineligible for asylum, noting that a fraudulently-obtained permit was still evidence of an offer of firm resettlement. Matter of D-X & Y-Z-, 25 I&N Dec. 664 (BIA 2012)
CA10 Finds No Past Persecution in Chinese Asylum Case
The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief. (Pang v. Holder, 1/6/12)
USCIS Responds to Ombudsman Asylum EAD Clock Recommendations
A 1/4/12 memorandum from Lori Scialabba, USCIS Deputy Director, responding to the CIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.
USCIS Warning Regarding Scam Targeting Bhutanese Refugees
USCIS warning from the Office of Refugee Resettlement of a new telephone scam targeting Bhutanese refugees.
USCIS Guidance on Adjudicating LGBT Refugee and Asylum Claims
USCIS training module providing guidelines for adjudicating and considering immigration benefits, petitions, protections, or other immigration-related requests by (LGBTI) individuals, as well as related interviewing considerations.
CA11 Upholds Denial of Chinese Asylum Claim
The court found that the BIA set forth specific, cogent reasons for making an adverse credibility finding against the petitioner, who had applied for asylum based on his wife’s forced sterilization. (Chen v. U.S. Att’y Gen., 12/27/11)
AIC Class Action Lawsuit Challenges Asylum Clock Policies
The class action complaint, filed in the Western District of Washington, documents widespread problems with the asylum EAD clock and alleges Defendants’ unlawful actions prevent Plaintiffs from obtaining employment authorization. (A.B.T. v. USCIS , 12/15/11)
USCIS Provides TRIG Statistics from December 2011 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 12/13/11, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
CA5 on Requiring Corroborating Evidence from Asylum Applicants
The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible. (Yang v. Holder, 12/12/11)
CA11 Vacates Denial of FGM Asylum Claim from Senegal
The court found that the BIA failed to give reasoned consideration to Petitioner’s claim when it found she could relocate within Senegal to avoid being beaten or killed for attempting to protect her U.S. citizen daughter from FGM. (Seck v. U.S. Att’y Gen, 12/8/11)
Secretary of State Clinton’s Remarks on LGBT Rights in Recognition of International Human Rights Day (Updated 12/8/11)
DOS Secretary Clinton’s remarks on International Human Rights Day and transcript of DOS background briefing on international LGBT rights. A White House Presidential Memo on the same issue is also included.