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
CA3 Says BIA Erred in Making Unqualified Conclusions on CAT “Acquiescence”
The court found that the BIA incorrectly concluded that a number of specific circumstances cannot constitute government acquiescence and that it improperly ignored evidence of the likelihood of torture. (Pieschacon-Villegas v. Att’y Gen. of the U.S., 12/5/11)
CA4 Upholds Adverse Credibility in Cameroonian Asylum Claim
Over dissent, the court upheld the adverse credibility finding based on the inconsistency arising from Petitioner’s eviction notice suggesting she was not in hiding as she claimed and the omission in her application of her role in the SCNC. (Djadjou v. Holder, 12/5/11)
CA4 Grants Petition for Review in Eritrean Asylum Case
In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in speculation and failing to consider corroborating evidence. Courtesy of David Goren.
DOJ OIL November 2011 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) November 2011 Litigation Bulletin addresses the Third Circuit’s rejection of “social visibility” and “particularity” requirements for asylum applicants, summaries of recent federal court decisions, issue updates, and more.
USCIS Asylum Division Stakeholder Meeting Minutes and Invitation
USCIS Asylum Division minutes from its 11/30/11 quarterly stakeholder meeting. Topics include asylum division updates, reasonable fear performance goals, statistics, the asylum clock, I-589 cover letters, asylee grant letters and I-485 mailing addresses, and more.
USCIS Provides Asylum Statistics from November 2011 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 11/30/11, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.
CA7 Upholds Denial of Religion-Based MS-13 Claim
The court found insufficient evidence that MS-13 targeted Petitioner on account of his Christian beliefs, finding instead that the evidence supported the conclusion that the threats were based on his refusal to join the gang. (Bueso-Avila v. Holder, 11/29/11)
CA5 Finds No Jurisdiction to Review Termination of Asylum
The court found that termination of asylum under 8 CFR §208.24 does not “mark the consummation of a decision-making process” and is therefore, not a final agency action for purposes of APA jurisdiction. (Qureshi v. Holder, 11/28/11)
CA3 Remands Asylum Claim of Guatemalan Government Witness
Although the Guatemalan government was willing to protect Petitioner in exchange for her testimony in a murder trial, the fact that it relocated her to Mexico is an admission that it could not actually protect her. (Garcia v. Att’y Gen. of the U.S., 11/28/11)
White House Releases Immigration Action Update (11/22/11)
White House Immigration Action Update e-newsletter circulated on 11/22/11 covers prosecutorial discretion, the asylum clock, synopses from discussions with various groups on immigration, UPIL stakeholder engagement, and more.
USCIS Policy Memo on Material Support and the Provision of Medical Care
USCIS 11/20/11 policy memo on the implementation of a new exemption to apply the material support inadmissibility grounds to certain individuals who provide medical care to persons associated with terrorist activities or organizations.
USCIS Revises Hold Guidance for Cases Involving TRIG to Allow for Some Cases to be Denied
USCIS 11/20/11 policy memo revising existing hold guidance for terrorism-related inadmissibility grounds (TRIG) cases to allow for the denial of some cases currently on hold where a TRIG exemption would not be granted to the applicant even if an exemption were available.
Presidential Report on Proposed Refugee Admissions FY2012
Presidential report to Congress on the proposed refugee admissions for FY2012. The report describes the nature of the refugee situation, admission numbers, plans for resettlement, demographics, other countries' policies, impact on U.S. foreign policy, and more.
CA9 Says CA Residential Burglary Is a Particularly Serious Crime
The court held that a conviction for residential burglary under Cal. Penal code §459 is a crime of violence under 18 USC §16(b) and is therefore a bar to withholding of removal as a particularly serious crime. (Lopez-Cardona v. Holder, 11/18/11)
CA3 Finds IJ Failed to Act as Neutral Arbiter; Reverses Adverse Credibility
The court found that Petitioner’s due process rights were violated when government counsel was unprepared at the merits hearing and the IJ took over cross-examination and ceased functioning as a neutral arbiter. (Abulashvili v. Att’y Gen. of the U.S., 11/15/11)
EOIR Policy Memo on the Asylum Clock
An 11/15/11 memo from Brian M. O’Leary, Chief Immigration Judge, addressing asylum clock procedures, including stopping and starting the clock, adjournment codes, staff responsibilities, future hearing dates, treatment of cases on appeal or remand, and more.
AILA Calls USCIS NTA Guidance a Positive Step
AILA commends the new Policy Memorandum issued by USCIS on NTAs involving inadmissible and removable aliens and for its movement away from enforcement actions and back towards its original service-minded focus.
CA3 Rejects “Social Visibility” and “Particularity” Concepts in Asylum
The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent with prior decisions and rejected it without a reason for adopting the requirements. (Valdiviezo-Galdamez v. Att’y Gen. of the U.S., 11/8/11)
CA6 Stays Appeal Upon Discovery of Translation Error
The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA. (Sea v. Holder, 11/8/11)
AILA/EOIR Liaison Meeting Q&As (11/03/11)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 11/03/11. Topics include pending regulations, mental incompetency procedures, asylum EAD clock, prosecutorial discretion, courtroom laptops, remanded visa petition matters, and more.
EOIR Memo on Asylum Clock Policies and Procedures
EOIR memorandum OPPM 11-02 from Chief Immigration Judge Brian O’Leary to immigration court judges and staff with operating policies and procedures on the asylum clock. This memo was superseded by OPPM 13-02.
Immigration Law Advisor, October 2011 (Vol. 5, No. 9)
Immigration Law Advisor with an article on asylum for children of victims of coercive population control policies, a tribute to Board Member Lauri Filppu, circuit court decisions for September 2011, update on Silva-Trevino, recent BIA precedent decisions, and a regulatory update.
VOICE: November/December 2011
The November/December issue of VOICE is ready for viewing! Learn about a little-known relationship between assisted reproductive technology and citizenship, as well as features on private bills, avoiding scams, AILA Secretary Bill Stock’s top 10 practice resources, and more!
EOIR Proposed Rule on Forwarding of Asylum Applications to DOS
DOJ EOIR notice and 60-day comment period on a proposed rule that would amend its current regulations to provide for the sending of asylum applications to DOS on a discretionary basis. Comments are due by 12/30/11. (76 FR 67099, 10/31/11)
CA1 Upholds Denial of Roma Asylum Claim Based on Inconsistent Testimony
The court found although the mistreatment described by Petitioner was plausible, and the tensions in his testimony could be resolved either way, the IJ’s unwillingness to accept the key testimony had some basis in the record. (Stanciu v. Holder, 10/25/11)