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
CA11 Upholds Adverse Credibility Determination in Venezuelan Asylum Case
The court upheld the adverse credibility finding where Petitioner claimed to be present at a rally where his mother was killed but presented no evidence that he was politically active, at the rally, or detained and beaten after. (Carrizo v. U.S. Att’y Gen., 8/31/11)
CA7 Finds IJ’s Interpretation of Precedent Overly-Broad in Vacating Adverse Credibility Assessment
The court found that the IJ erred in basing his negative credibility assessment on Petitioner’s submission of hospital certificates, which the IJ interpreted as suggesting Petitioner’s abortion was voluntary and not forced as she alleged. (Lin v. Holder, 8/30/11)
CA6 Upholds Voluntary Departure Regulation at 8 CFR §1240.26(i)
The court held that 8 CFR §1240.26(i), which provides for the automatic termination of voluntary departure upon the filing of a petition for review, is valid given the AG’s statutory discretion to grant voluntary departure. (Hachem, et al. v. Holder, 8/29/11)
Delgado, Chevron, and the Changing Nature of Deferential Review of Immigration Decisions
AILA Amicus Committee alert on the Ninth Circuit’s recent decision, Delgado v. Holder holding that attorney generals may classify crimes as particularly serious both through case-by-case adjudication and by regulation for asylum purposes.
CA7 Cites Recent Independence of South Sudan in Remand for Deferral under CAT
The court remanded in light of three undisputed legal errors in the BIA’s analysis, the government’s contention that it does not intend to remove Petitioner to Sudan, and the recent declaration of South Sudan’s independence. (Wani Site v. Holder, 8/26/11)
CIS Ombudsman Recommendation on EADs for Asylum Applicants
An 8/26/11 CIS Ombudsman recommendation to improve coordination and communication among different departments and agencies with respect to the issuance of employment authorization documents (EAD) for asylum applicants and administration of the asylum EAD clock.
CA3 Vacates and Remands LGBT Asylum Case Finding Flawed BIA Analysis
The court remanded an LGBT asylum case, finding that the BIA incorrectly evaluated the petitioner's claim as though it was based on individualized persecution and erred in its analysis of changed country conditions. (Izquierdo v. Att'y Gen. of the U.S. 8/24/11)
DHS Procedures for Implementing EOIR Background Check Regulations
DHS Q&A on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including information on the regulations, application procedures, filing instructions for I-485s, and more.
DHS Fact Sheet on Implementing EOIR Background Check Regulations
DHS Fact Sheet on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including asylum, withholding, adjustment of status, cancellation, suspension of deportation, and certain waivers.
IJ Grants Asylum Due to Respondent's Relative Being Involved with Anti-Gang Efforts
In an unpublished decision, the IJ found the respondent qualified for asylum as a victim of past persecution on account of her identity as an “immediate relative of Salvadorian police officers involved in anti-gang efforts.” Courtesy of Alexander Miller.
CA9 on Credibility and Corroboration in Chinese Christian Asylum Case
The court held that although the adverse credibility finding was based on mischaracterizations of testimony and trivial inconsistencies, Petitioner failed to respond to the request for corroborative evidence or explain his failure to do so. (Ren v. Holder, 8/19/11)
ORR Announces Urgent Single-Source Grant Awarded to SOTI in San Diego, CA
HHS Office of Refugee Resettlement (ORR) notice of an urgent single-source grant awarded to Survivors of Torture International (SOTI) for the provision of services to individuals who have experienced trauma or torture prior to their arrival in the U.S. (76 FR 50744, 8/16/11)
CA8 Upholds Denial of Asylum for Venezuelan Woman
The court upheld the BIA’s conclusion that Petitioner failed to establish that she was targeted on account of her political opinion or sexual orientation, or that the treatment she experienced rose to the level of persecution. (Lopez-Amador v. Holder, 8/15/11)
CA9 Finds Jurisdiction; Says BIA Remand Is a Final Order
The court held that the BIA’s reversal of asylum and remand for voluntary departure proceedings was a final order and that neither Dada v. Mukasey, nor the 2009 voluntary departure regulations undermines the court’s jurisdiction. (Pinto v. Holder, 8/12/11)
CA1 Remands Albanian Asylum Claim to Reconsider Past Persecution
The court remanded the case for the BIA to reconsider evidence of the systematic and serious abuse of Petitioner’s children, which included two kidnappings, three beatings, and an aggravated rape as part of his claim of past persecution. (Precetaj v. Holder, 8/11/11)
CA9 Overrules Matsuk; Finds Jurisdiction to Review Particularly Serious Crime Determination
The court found jurisdiction to review the decision that a conviction is a particularly serious crime and remanded to the BIA for a clear explanation of its finding that Petitioner’s DUI conviction barred him from relief. (Delgado v. Holder, 8/19/11)
Presidential Determination on Refugee and Migration Needs Related to the Horn of Africa
An 8/8/11 memorandum from President Obama for the Secretary of State, on furnishing assistance from the U.S. Emergency Refugee and Migration Assistance Fund for the purpose meeting unexpected urgent refugee and migration needs related to the Horn of Africa.
AILA Comments on Latest Revisions to M-274, Handbook for Employers
The AILA Verification and Documentation Committee comments on provisions in the latest edition of the USCIS M-274, Handbook for Employers that require correction or clarification. Special thanks to Marketa Lindt, Kevin Lashus, Mary Pivec, and Robert White.
President Orders the Creation of an Interagency Atrocities Prevention Board
An 8/4/11 Presidential Study Directive by President Obama directing the creation of an interagency Atrocities Prevention Board and corresponding interagency review to coordinate a government-wide approach for the prevention of, and response to, mass atrocities and genocide.
CA8 Rejects Social Group Claim in MS-13 Case
The court agreed with the BIA that “persons resistant to gang violence” are too diffuse to be recognized as a social group and that Petitioner’s family was no different from any other Salvadoran family that has experienced gang violence. (Constanza v. Holder, 8/1/11)
DOS Update on Issues Relating to the Refugee Admissions Program
A 7/26/11 Bureau of Population, Refugees, and Migration report on recent progress and challenges experienced by the U.S. Refugee Admissions Program. Topics include reception and placement, longer-term help for refugees, issues with security screening procedures, and more.
CA7 Upholds Removal of DEA Informer
The court found that reasonable, substantial, and probative evidence presented on remand established a “serious reason to believe” that Petitioner is or has been a trafficker of heroin, thus barring her from relief from removal. (Pronsivakulchai v. Holder, 7/25/11)
USCIS Asylum Division Stakeholder Meeting Minutes and Invitation (7/19/11)
USCIS Asylum Division minutes from its 7/19/11 quarterly stakeholder meeting. Topics include a 6/9/11 memorandum, updated information guide, statistics, customer service policies, reschedule requests, nunc pro tunc procedures, the asylum clock, leading questions, and more.
CA9 Remands for BIA to Decide if Consultant’s Actions Excuse Untimely Asylum Application
On rehearing, the court held that the BIA erred as a matter of law in finding that fraudulent deceit by an immigration consultant cannot constitute an “extraordinary circumstance” that excuses an otherwise untimely asylum application. (Viridiana v. Holder, 7/19/11)
USCIS Provides Asylum Statistics from July 2011 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 7/19/11, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.