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
BIA Remands, Orders Consideration of Worsening Conditions for Christians in Iraq
In an unpublished decision, the BIA held that conditions in Iraq have changed to such an extent since the respondent’s prior removal hearing that the proceeding should be reopened to consider her application for asylum. Courtesy of Steven N. Garmo.
BIA on Changed Circumstances and the One-Year Asylum Deadline
In an unpublished decision, the BIA held that the respondent’s discovery of his HIV status was a changed circumstance, excusing the late filing. The BIA also noted that an approved labor certification would qualify as an extraordinary circumstance. Courtesy of Paul O’Dwyer.
CA9 Finds Pro-Labor Position Constitutes Protected Political Opinion
The court found that the BIA ignored the anti-government opinion Chinese officials imputed to Petitioner as motivation for abuse, and erroneously concluded that his pro-labor activities did not constitute an expression of political opinion. (Hu v. Holder, 7/14/11)
CA7 Remands Macedonian Asylum Case; Discusses Persecution vs. Harassment
The court found that the harm suffered by Petitioners rose to the level of persecution where the couple was robbed, the husband beaten, the wife sexually molested, and her parents rendered unconscious. (Stanojkova v. Holder, 7/14/11; amended 8/16/11)
USCIS Update and Q&As Regarding the End of Moscow Parole Program
USCIS update announcing that the agency will no longer offer parole to Lautenberg category members who are denied refugee status in Moscow. Individuals who have been offered parole by USCIS in Moscow should arrive in the U.S. by 9/30/11. Q&As on this topic follow the update.
CA9 Finds Nexus in Mexico Whistleblowing Asylum Case
The court held that exposure of corruption in the Mexican government and Petitioner’s refusal to accede to corrupt demands were political acts that qualify Petitioner as a whistleblower for asylum and withholding of removal. (Perez-Ramirez v. Holder, 7/8/11)
Iraqi Refugee Processing Fact Sheet
USCIS fact sheet on Iraqi refugee processing including information on the resettlement process for Iraqi refugees, security checks, procedures for Iraqi citizens currently in the U.S., living outside Iraq, and living in Iraq, and Special Immigrant Visas for Iraqis.
DOJ OIL June 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) June 2011 Litigation Bulletin addresses the Solicitor General’s cert petitions in CA9 imputation cases, REAL ID Act corroboration provisions, finality and reconsideration, updates on pending cases and issues, and more.
VOICE: July/August 2011
The July/August 2011 issue of VOICE: An Immigration Dialogue features articles on acts that could make your client inadmissible, litigation and practice management advice from seasoned professionals, latest happenings with members, and much more!
DOS Report on Mission to Iraq, Israel, and the West Bank
Report from Eric Schwartz, Asst. Secretary of State for Population, Refugees, and Migration on his May 2011 trip to Iraq, Israel, and the West Bank, detailing U.S. efforts to support displaced Iraqis, African migration to Israel, and U.N. humanitarian work in the West Bank.
CRS Report on Asylum and “Credible Fear” Issues
A 6/29/11 Congressional Research Service (CRS) report on asylum and “credible fear” issues in U.S. immigration policy provides an overview of the current asylum policy, a breakdown of source countries for asylum seekers, an analysis of approved asylum cases, and more.
CA9 Remands, Finds Nexus in Armenian Whistleblowing Asylum Claim
The court granted the petition for review in a case involving an Armenian petitioner who faces retaliation from a notorious criminal for pursuing his prosecution and exposing his ties to corrupt government officials. (Antonyan v. Holder, 6/29/11)
ICE’s Union “On The Water Front”
The ICE union's reaction to ICE Director John Morton's prosecutorial discretion memorandum shows that the union leadership, apparently out of touch with its own members, is hell bent on maintaining the status quo-indiscriminate arrest, detention, prosecution, and deportation of immigrants-without th
CA9 Allows Consideration of Alien’s Admission in Determining Removability (Withdrawn)
Clarifying Cheuk Fung S-Yong, the court held that an IJ may consider an alien’s admissions regarding removability if they are corroborated by the narrow set of documents that are part of the record of conviction. (Pagayon v. Holder, 6/24/11; withdrawn 12/8/11)
BIA Remands for Further Fact Finding in Domestic Violence Asylum Case
In an unpublished decision, the BIA remanded for entry of a new decision, calling for further factual development and arguments specific to the gender-based asylum claim, consistent with the Attorney General’s directive in Matter of R-A-. Courtesy of Aleksander Milch.
CA9 Says Corroboration Not Required When Determining Timeliness of Asylum Claim
The en banc court found that the BIA improperly imported the corroboration requirement of INA §208(b)(1)(B)(ii), governing the merits of asylum, into §208(a)(2)(B), requiring applications to be filed within one year of arrival in the U.S. (Singh v. Holder, 6/17/11)
CA3 Directs BIA to Grant Withholding to Uzbek Nationals
The court directed the BIA to grant withholding of removal without remand finding that despite two opportunities, the BIA failed to support its conclusion that Petitioners are a danger to the U.S. with substantial evidence. (Yusupov v. Att’y Gen. of the U.S., 6/16/11)
AILA Applauds Bill to Help Refugees and Asylum Seekers
AILA statement on the introduction of the Refugee Protection Act of 2011. The bill, introduced June 15, 2011, addresses shortfalls in current law and would, among other fixes, eliminate the one-year filing deadline for asylum seekers.
HRW Report on Transfers of Detained Immigrants
Human Rights Watch report entitled “A Costly Move,” analyzes 12 years of data and finds that transfers separate detained immigrants, including LPRs, refugees, and undocumented people from the attorneys, witnesses, and evidence they need to defend against deportation.
USCIS Asylum Division Memo on Notifying Certain Asylum Applicants How To Seek Release From Detention
USCIS Asylum Division memo dated 6/9/11 regarding updated information notification of ICE's parole guidelines to arriving aliens found to have a credible fear of persecution or torture, including copies of the updated information notification.
BIA Addresses Whistleblowing as a Basis for Asylum
The BIA held that retaliation for opposition to state corruption may form the basis for a claim based on political opinion if, post-REAL ID, the actual or imputed anti-corruption belief was one central reason for the harm. Matter of N-M-, 25 I&N Dec. 526 (BIA 2011)
Presidential Memorandum on Unexpected Refugee Needs Related to Libya and Côte d'Ivoire
A 6/9/11 Presidential Memorandum for the Secretary of State authorizing assistance for the purpose of meeting unexpected and urgent refugee and migration needs related to the humanitarian crises resulting from the violence in Libya and Côte d'Ivoire.
CA9 Says Reinstatement Does Not Apply to Petitioner Who Sought Relief Pre-IIRIRA
The court held that reinstatement of removal under INA §241(a)(5) is impermissibly retroactive when applied to individuals who applied for discretionary relief prior to IIRIRA’s effective date. (Chay Ixcot v. Holder, 6/1/11)
White House Blog on Immigrant Integration
White House blog about a group of community leaders recognized as Champions of Change, and the work that they do to help immigrants and refugees successfully integrate and thrive in their communities.
CA1 Upholds Adverse Credibility in Ivory Coast Asylum Claim
Over dissent, the court denied the petition, noting that Petitioner used nearly identical language to describe his mistreatment as that used in an Amnesty International report, and where his testimony was inconsistent and uncorroborated. (Dehonzai v. Holder, 5/23/11)