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
CA1 Remands to BIA Due to Inadequately Reasoned Decision
The court held that the petitioner was not eligible for cancellation because she could not impute her father’s time in the U.S. to her continuous residence, but remanded her asylum claim, finding the BIA’s decision inadequately reasoned. (Aponte v. Holder, 6/21/12)
IJ Grants Asylum in Gang Retaliation Case
The IJ found that the asylum applicant demonstrated a well-founded fear of persecution because a Salvadoran gang issued targeted threats to her and her family members due to her late brother’s membership in a rival gang. Courtesy of Jean Han.
President Obama’s Statement on 2012 World Refugee Day
White House press statement on President Barack Obama’s statement on World Refugee Day highlighting that the United States has welcomed more than three million refugees from all over the world since 1975 and continues to lead the world in refugee resettlement.
USCIS Announces Schedule for First National Stakeholder Symposium
USCIS schedule of events for first USCIS National Stakeholder Symposium on 6/26/12 which will include a keynote address by DHS Secretary Janet Napolitano and a plenary session led by USCIS Director Alejandro Mayorkas and a series of breakout sessions with senior leadership.
USCIS Provides TRIG Statistics from 6/5/12 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 6/5/12, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
USCIS Provides Instructor Guide on TRIG
USCIS provided instructor guide on Terrorist-Related Inadmissibility Grounds (TRIG). This course reviews the grounds under INA §212(a)(3)(B)(i), the applications to which such grounds apply, and the currently available exemptions to the inadmissibility grounds.
DOJ OIL May 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) May 2012 Litigation Bulletin where the Supreme Court deferred to BIA’s interpretation that imputation is not available to applicant for cancellation and other issues related to adjustment of status and other decisions.
CA7 to Rehear Asylum Case on Particular Social Group En Banc
The court ordered that Cece v. Holder – a decision in an asylum case which held the petitioner’s proposed social group lacked the required common, immutable characteristic - be reheard en banc. (Cece v. Holder, 5/31/12)
DHS Proposes New “Social Distinction” Test in Asylum Case
DHS proposed a new "social distinction” test for asylum cases in its brief in Valdiviezo-Galdamez, on remand from a Third Circuit decision which rejected the BIA’s "social visibility" and "particularity" tests for determining if a particular social group exists.
CA4 Upholds Matter of Rojas on Mandatory Detention under § 236(c)
The court found that the petitioner is subject to mandatory detention under § 236(c), despite the fact he was not taken into federal custody immediately upon his release from state custody. (Hosh v. Lucero, 5/25/12)
DOS Releases 2011 Country Reports on Human Rights Practices
DOS press release announcing on 5/24/12 that Secretary of State Hillary Clinton submitted the “2011 Country Reports on Human Rights Practices” to Congress. The annual Human Rights Reports provide facts underlying U.S. efforts to promote respect for human rights worldwide.
CA11 Strikes Down Post-Departure Bar Regulation
The court held that the departure bar in 8 C.F.R. § 1003.2(d), which prohibits the BIA from considering a motion to reopen filed by a noncitizen who is outside of the U.S., impermissibly conflicts with the INA § 240(c)(7)(A). (Lin v. U.S. Att’y Gen., 5/23/12)
CA11 Remands §209(c) Waiver Denial
The court found that the IJ and BIA erred by failing to consider country conditions in Sudan and the hardship the petitioner would suffer if removed when they denied his waiver application under INA § 209(c). (Makir-Marwil v. U.S. Att’y Gen., 5/22/12)
IJ Grants Asylum to Liberian Woman Captured During War
In an unpublished decision, the immigration judge held that the respondent demonstrated that she suffered past persecution in Liberia on account of her membership in the particular social group of Liberian women who were captured during the war and used as sex slaves.
DHS Data Tables on FY2011 Refugee & Asylee Statistics
DHS online resource providing data tables on persons who were admitted to the U.S. as refugees or granted asylum in 2011. In 2011, there were a total of 56,384 persons who were admitted to the United States as refugees & 24,988 individuals who were granted asylum in 2011.
DHS Annual Report on Refugee & Asylee Numbers for FY2011
The DHS Office of Immigration Statistics issued its May 2012 Annual Flow Report on refugee & asylee admissions for FY2011. In 2011, there were a total of 56,384 persons who were admitted to the United States as refugees & 24,988 individuals who were granted asylum in 2011.
Minutes from NBC Meeting with AILA (5/11/12)
Meeting minutes from the AILA NBC Liaison Committee 5/11/12 meeting with NBC, including information on new NBC initiatives, an updated organizational chart, EADs in cases administratively closed under prosecutorial discretion, I-485s, AWA, change of address, and more.
NSC Liaison Q&As on Refugee & Asylum Teleconference (5/10/12)
The NSC Liaison Committee unofficial Q&As from the 5/10/12 teleconference with the Nebraska Service Center. Topics include processing times for refugee/asylee adjustments, medical exams, DNA issues, and more.
USCIS Provides Asylum Statistics from 5/8/12 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 5/8/12, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.
BIA Finds Respondent Eligible for Derivative Asylum
The BIA held that the respondent, who is unmarried and turned 21 while her mother’s asylum application was pending, continues to be classified as a “child” for purposes of qualifying for derivative asylum. Matter of A-Y-M-, 25 I&N Dec. 791 (BIA 2012)
CA9 Applies Collateral Estoppel in Nigerian CAT Claim
The court held that collateral estoppel bound the BIA to the findings that led to the petitioner’s first grant of CAT deferral, and concluded that the BIA erred in denying a motion to reopen to introduce new evidence. (Oyeniran v. Holder, 3/6/12; amended 5/3/12)
DOJ OIL April 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) April 2012 Litigation Bulletin where Eleventh Circuit held that asylum confidentiality provision was not violated by disclosure of name to hospital administrator and other issues related to adjustment of status and asylum decisions.
CA6 Declines to Transfer Venue, Remands on Firm Resettlement Finding
The court rejected the government’s motion to transfer the asylum case to the Fourth Circuit, and remanded to the BIA to reevaluate the IJ’s firmly resettled finding. (Thiam v. Holder, 4/30/12)
CA1 on Corroboration in Asylum Proceedings
Applying the law as it existed prior to the REAL ID Act, the court found that the BIA should have made an explicit finding on the adequacy of the asylum applicant’s explanation for failing to corroborate certain aspects of his claim. (Soeung v. Holder, 4/25/12)
NSC Newsletter, April 2012 (Vol. 1, Issue 1)
Nebraska Service Center released the inaugural issue of it’s stakeholder newsletter for April 2012. Topics include a list of NSC product lines, background information on NSC, the upcoming May 9 business representative conference, instructions for I-131 expedites, and more.