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
CA8 Upholds Denial of Motion to Terminate under FFOA
The court denied the petitioner’s asylum application, and rejected her argument that the BIA erred in denying her petition to terminate removal proceedings under the Federal First Offender Act (FFOA). (Brikova v. Holder, 11/7/12)
BIA Questions on Particular Social Group
The BIA issued a notice of oral argument in an asylum case before the BIA. The notice listed questions related to particular social group claims for counsel to be prepared to discuss at the hearing, including questions on the social visibility and particularity requirements.
USCIS Adjustment of Status Form I-485 Performance Data
USCIS performance data containing numerical information on adjustment of status applications, including the number of receipts, approvals, denials, and pending cases by field office from FY2010 through FY2012.
CA1 on "Social Visibility" in Asylum Cases
The court denied the withholding applications which were based on the petitioners’ fear that their U.S. citizen son could be kidnapped if they returned to Mexico, after discussing the “social visibility” requirement. (Rojas-Perez v. Holder, 11/5/12)
CA4 on Adverse Credibility Determinations
The court denied withholding of removal and CAT relief, upholding the IJ’s adverse credibility determination and rejecting the petitioner’s argument that the IJ and BIA misapplied REAL ID’s credibility provisions. (Singh v. Holder, 11/5/12)
NSC Stakeholder Newsletter, October 2012
NSC October 2012 stakeholder newsletter, which includes information on developments on deferred action for childhood arrivals (DACA), derivate refugee and asylum status, and more.
CA8 Finds No Objectively Reasonable Fear of Future Persecution for Kenyan Professor
The court denied asylum, upholding the BIA’s conclusion that the petitioner did not show an objectively reasonable fear of future persecution and rejecting the argument that the IJ violated due process rights by delaying his decision. (Wanyama v. Holder, 11/1/12)
DOJ OIL October 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) October 2012 Litigation Bulletin where First Circuit ruled that spouse of an individual forced to undergo an abortion under China’s coercive population control policy is not automatically entitled to asylum & other decisions.
CA8 Finds Asylum Applicant Committed Serious, Nonpolitical Crime
The court upheld the BIA’s conclusion that the petitioner committed a “serious, nonpolitical crime” when he attacked a family planning official in China, and was thus ineligible for asylum under INA §208(b)(2)(A)(iii). (Zheng v. Holder, 10/31/12)
CA8 Denies Motion to Reopen Asylum Case Based on Material Change in Circumstances
The court held that two new letters in support of the petitioner’s asylum claim did not establish a change in circumstances or undermine the initial determination that he failed to establish a well-founded fear of persecution. (Lopez-Mendez v. Holder, 10/29/12)
Immigrant Women: Forgotten and Discounted
While there was plenty of talk during the presidential debates about the equality of women, one group remained unmentioned and invisible: immigrant women who suffer in silence at the hands of their abusers. During the second presidential debate, candidates were asked about how each of them intended
CA1 Upholds Denial of Asylum Based on Resistance to Guerilla Recruitment
The court held that there was no evidence that guerillas targeted the petitioner for recruitment because of his political opinion, and found that “Guatemalan nationals repatriated from the U.S.” is not a particular social group. (Escobar v. Holder, 10/22/12)
CA7 Denies Mexican Asylum and CAT Relief Claim
The court denied or dismissed three consolidated petitions for review filed by the Mexican petitioner, holding that it had no jurisdiction to review one petition and that the petitioner was not entitled to asylum or CAT relief. (Cruz-Mayaho v. Holder, 10/17/12)
ICE Public Advocate Voice Newsletter, October 2012 (Issue 2)
ICE October 2012 Public Advocate Voice newsletter announcing expansion of the deferred action for childhood arrivals (DACA) hotline into a new ICE Community Hotline, a profile on Women’s Refugee Commission, and information on visitation requests for detainees at ICE facilities.
Presidential Determination on FY2013 Refugee Admissions Numbers
Presidential notice on admission of up to 70,000 refugees to the U.S. in FY2013, which shall include persons admitted to U.S. in FY2013 with federal refugee resettlement assistance under the Amerasian immigrant admissions program. (77 FR 61507, 10/10/12)
BIA Remands Case to Determine Whether Asylum Applicant Could Have Relocated
The BIA remanded the asylum case to the IJ to determine whether the respondent could avoid future persecution by relocating to another part of Sri Lanka, and whether it would be reasonable to expect him to do so. Matter of M-Z-M-R-, 26 I&N Dec. 28 (BIA 2012)
CA9 Finds BIA Used Incorrect Standard to Review CAT Claim
The court held that the BIA failed to apply a “clear error” standard of review when it overruled the IJ’s grant of CAT protection, noting that the BIA “failed to grapple with the evidentiary record.” (Ridore v. Holder, 10/3/12)
CA10 Denies CAT Relief to Homosexual Applicant from Mexico
The court found that, while the petitioner had established past persecution on account of his homosexuality, DHS proved that changed circumstances in Mexico meant that the petitioner’s life would not be threatened if he were removed. (Neri-Garcia v. Holder, 10/3/12)
CA1 Denies Asylum to Applicant Whose Spouse Was Forced to Undergo an Abortion
The court held that the husband of a Chinese woman who was forced to undergo an abortion is not automatically "a person who has been forced to abort a pregnancy” under INA §101(a)(42)(B), and denied the petitioner’s asylum application. (Dong v. Holder, 10/3/12)
CA7 Finds Adjustment Applicant Knowingly Filed Frivolous Asylum Application
The court found that the petitioner is ineligible for adjustment because he knowingly filed a frivolous asylum application with USCIS, and held that the written advisals provided on Form I–589 are sufficient notice under INA §208(d)(4)(A). (Pavlov v. Holder, 10/1/12)
DOJ OIL September 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) September 2012 Litigation Bulletin where the First Circuit held that isolated incidents of mistreatment based on claimed religious grounds did not amount to persecution & other case decisions.
AILA Amicus on Corroborating Evidence In Asylum Cases
The AILA Amicus Committee filed an amicus brief urging the Ninth Circuit to hold that the REAL ID Act requires an IJ to provide an asylum applicant with actual notice that specific corroborating evidence is required and a reasonable opportunity to respond.
USCIS Asylum Division Memo on National Customer Access Standards
USCIS Asylum Division memorandum from Acting Chief Ted Kim to asylum office staff outlining guidelines for receiving and responding to requests for information, including establishing and staffing an email address and telephone number, as well as holding walk-in hours.
BIA Grants Asylum to Iraqi Respondent
In an unpublished decision, the BIA reversed the IJ’s decision and granted asylum, noting that the IJ’s speculations relating to the respondent’s motive for traveling to the U.S. were not supported by the record. Courtesy of Robert W. DeKelaita.
USCIS Policy Memo on “Limited General” TRIG Exemption
USCIS policy memo dated 9/26/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals with existing immigration benefits.