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
CA10 Upholds Denial of Asylum Based on Fear of MS-13
In a nonprecedential decision, the court found that although evidence suggests that gang violence exists in El Salvador, Petitioner failed to prove that she would be singled out and persecuted due to her uncles’ military service and anti-gang activities. (Campos-Perez v. Holder, 8/6/12)
CA8 Upholds Denial of Asylum for Witness in Israeli Murder Trial
The court found that Petitioner failed to establish that the government condoned the harassment directed toward Petitioner by private parties, or that it was helpless to protect against it. (Salman v. Holder, 8/6/12)
NSC Stakeholder Newsletter, August 2012
NSC August 2012 stakeholder newsletter, which includes information on developments on deferred action, asylum EAD clock, expedited case review on I-90 biometric no-shows, and more.
DOJ OIL July 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) July 2012 Litigation Bulletin where the Fifth Circuit ruled that an asylum applicant has a separate claim for relief based on a breach of confidentiality & other issues related to adjustment of status & asylum decisions.
CA9 Strikes Down Asylum Termination Regulations
Quoting The Beatles, “All You Need Is Love,” the court found that under INA §208(c)(2), Congress conferred the authority to terminate asylum exclusively on DOJ (not DHS) and invalidated 8 CFR §§208.24(a) and 1208.24(a) as ultra vires. (Nijjar v. Holder, 8/1/12)
ICE Releases Updated Form 71-012, Parole Advisal and Scheduling Notification Form
Updated Form 71-012, used to notify arriving aliens who receive a credible fear finding of the parole review process, including expanded information on documents for ICE to consider when assessing whether to parole an individual from detention.
USCIS Final Report on Asylum Office Customer Satisfaction Survey
USCIS July 2012 report from Refugee, Asylum & International Operations Directorate (RAIO) entitled “Asylum Office Customer Satisfaction Survey” where 1,000 customers from 8 asylum offices completed a satisfaction survey about their asylum interviews during past fiscal year.
CA1 Finds Petitioner Abandoned Asylum Application
The court found that the IJ did not err in denying the petitioner’s last-minute request to continue her hearing and dismissing her asylum application as abandoned, noting that she failed to submit court-ordered documents. (Gomez-Medina v. Holder, 7/27/12)
USCIS Provides Asylum Statistics from 7/26/12 Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 7/26/12, including statistics on trends among women and children, credible and reasonable fear referrals, applications by nationals of Afghanistan, Libya, and Iraq, and more.
GAO Report on Strengthening Refugee Resettlement Programs
GAO report outlining the current state of refugee resettlement program and offering several recommendations to the Secretaries of State and Health and Human Services to improve refugee assistance programs in the United States.
Presidential Memo on Urgent Refugee and Migration Needs for Mali
Presidential memorandum authorizing no more than $10 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 northern Mali. (77 FR 42947, 7/20/12)
CA8 on Particular Social Group in Guatemalan Asylum Claim
The court held that “Guatemalans returning from the U.S. who are perceived as wealthy” is not a particular social group within the meaning of the INA, and denied the petition for review. (Matul-Hernandez v. Holder, 7/17/12)
CA5 Holds Breach of Confidentiality Can Be Grounds for Asylum Claim
The court found that the applicant had a separate claim of relief based on a breach of confidentiality by the government in revealing to the Nigerian consulate that he had applied for asylum, but upheld the BIA’s denial of his claim. (Dayo v. Holder, 7/12/12)
CA3 Denies CAT Claim Based on Cooperation in Murder Investigation
The petitioner argued that, if deported, he would be tortured by a Jamaican drug gang because of his cooperation in a murder investigation, but the court found he did not show government involvement or acquiescence. (Green v. Att’y Gen., 7/12/12)
Notice of Asylee Eligibility for ORR Assistance
The Department of Health and Human Services' Office of Refugee Resettlement notice provides information on asylee eligibility for services and asssistance through that office.
CA1 Denies Asylum to Honduran Tax Analyst
The court found that the Honduran petitioner, who received threats because he wrote a report exposing government fraud, failed to show that he suffered harm amounting to persecution or that he was targeted because of a protected ground. (Lobo v. Holder, 7/6/12)
USCIS Policy Memo on Material Support Bar Exemptions for KLA Activities
USCIS 7/5/12 policy memo on Secretary Napolitano exercising discretionary authority not to apply certain terrorism-related inadmissibility grounds for certain aliens on voluntary activities or associations relating to the Kosovo Liberation Army (KLA).
CA9 on the Material Support Bar and Administrative Waiver Process
The court held that the material support bar does not include an implied exception for legitimate political violence or support under duress, and noted it deferred to the administrative waiver process supplied by Congress. (Annachamy v. Holder, 7/3/12)
DOJ OIL June 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) June 2012 Litigation Bulletin where Fifth Circuit ruled that “particularity” and “social visibility” criteria for “particular social group” asylum claims are reasonable and entitled to Chevron deference.
CA9 Finds Jurisdiction over Denial of Alien Crew Member Asylum Claim
The court found that it had jurisdiction to review the denial of an alien crew member’s “asylum-only” proceeding because it is the functional equivalent of a final order of removal, but denied the petition for review. (Nian v. Holder, 6/28/12)
DOS Nominates Director of International Organization for Migration
DOS press release announcing that Secretary of State Hillary Clinton has formally nominated William Lacy Swing for a second five-year term as Director General of the International Organization for Migration (IOM).
CA1 Denies Guatemalan Social Group Claim
The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12)
CA5 Upholds “Particularity” and “Social Visibility” Requirements in Asylum Case
The court upheld the BIA’s “particularity” and “social visibility” requirements for membership in a particular social group, and found the proposed social group based on resisting gang recruitment did not meet those requirements. (Orellana-Monson v. Holder, 6/25/12)
NSC Stakeholder Newsletter, June 2012
NSC June 2012 stakeholder newsletter, which includes information on I-601 centralization and waiver filing tips for the USCIS lockbox, World Refugee Day, an alert that the provisional I-601 waiver is not in effect, a list of upcoming NSC stakeholder calls, and more
CBP Releases Memo and Muster on Processing Derivative Asylees
CBP released a redacted memo and muster on processing derivative asylees “following-to-join” their principal asylee relatives residing in the U.S. The memo outlines admission procedures including proper admission codes, Form I-765, processing requirements, and travel packet routing to the NSC.