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
AILA Denounces House Detention Bill
AILA press statement on upcoming House hearing to discuss H.R. 1932, a bill that would strip important due process protections of harmless individuals by needlessly increasing the government’s already broad authority to detain noncitizens.
CA6 Remands for BIA Finding on Whether Citizenship Revocation Is Persecution
The court remanded the case, finding that the BIA failed to consider whether the revocation of Petitioner’s Estonian citizenship on account of her Russian ethnicity amounted to persecution. (Stserba v. Holder, 5/20/11)
EOIR Director Osuna’s Testimony on the Immigration Court System
Testimony of EOIR Director Juan Osuna on improving efficiency and ensuring justice in the immigration court system, given before the Senate Committee on the Judiciary on 5/18/11, in which he addresses caseload, hiring and training, ethics and accountability, BIA, and more.
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules, dated May 18, 2011, creates an internal working group that would review existing regulations, collaborate with rulemaking components, solicit public comment, and recommend revisions.
BIA Sets Forth Framework for Firm Resettlement Findings
The BIA set forth a framework for firm resettlement determinations, focusing exclusively on the existence of an offer of permanent resettlement, and allowing for the consideration of direct and indirect evidence. Matter of A-G-G, 25 I&N Dec. 486 (BIA 2011)
CA1 Finds Rape of Cambodian Woman Was Not Politically Motivated
The court upheld the IJ’s denial of asylum, finding that the evidence suggested that the rapist took personal advantage of information that Petitioner was vulnerable in her husband’s absence, not that the rapes were politically motivated. (Pheng v. Holder, 5/12/11)
DOS Comment Request on Medical Examination Forms for Immigrant or Refugee Applicants
DOS 30-day comment period on the electronic version of Forms DS-2053, DS-2054, DS-3030, DS-3024, DS-3025, and DS-3046. DOS intends to discontinue use of the paper version of such forms. Comments are due 6/10/11. (75 FR 27373, 5/11/11)
DHS Annual Flow Report on Refugees and Asylees Admitted into the U.S. During 2010
DHS May 2011 Annual Flow Report provides information on the number of individuals admitted as refugees or granted asylum in the U.S. in 2010. According to the report, during 2010, 73,293 individuals were admitted as refugees and 21,113 individuals were granted asylum.
BIA Provides Framework for Assessing Mental Competency (Updated 5/13/11)
The BIA set forth a framework to assess the competency of respondents in proceedings and remanded, finding good cause to believe respondent was not competent to proceed. Courtesy of the Univ. of Houston Immigration Clinic. Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011)
CA9 Discusses Credibility and Corroboration in Asylum
The court found that where the IJ has reason in the record to doubt credibility, an absence of evidence may suffice to reject credibility where the need for the evidence is plain and the evidence is reasonably accessible. (Singh v. Holder, 5/3/11)
DOJ OIL April 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) April 2011 Litigation Bulletin introduces David M. McConnell as new Director for OIL Appellate, and covers the INA § 212(c) issue before the Supreme Court, defining “admission,” summaries of recent decisions, and more.
Immigration Law Advisor, April 2011 (Vol. 5, No. 5)
Immigration Law Advisor with an article on the Supreme Court’s interpretation of Section 212(c) and how circuit courts are handling it, circuit court decisions for March 2011, an article on the Convention Against Torture, recent BIA precedent decisions, and a regulatory update.
CA9 Says Additional Incidents of Persecution Cast Doubt on Credibility
The court held that the inclusion of three additional incidents of arrest and mistreatment that were added to Petitioner’s claim in a supplemental declaration materially altered his claim in a way that casted doubt on his credibility. (Zamanov v. Holder, 4/29/11)
USCIS RFR Tip Sheet on the Refugee Process
USCIS tip sheet provides information for applicants about filing a Request for Review (RFR) after USCIS has denied their application for refugee status, including information about deadlines, format, content, what the applicants might expect to happen next, and more.
CA3 Adopts Harmless Error Test Where BIA Applied Wrong Standard of Review
The court adopted a harmless error analysis and concluded that the BIA’s erroneous de novo review of the IJ’s factual findings was not only harmless, but was, if anything, favorable to Petitioner. (Yuan v. Att’y Gen. of the U.S., 4/22/11)
USCIS Straight from the Source for April 2011
USCIS April edition of Straight from the Source includes information regarding immigration benefits for Japanese nationals impacted by natural disasters, the publication of the Form I-9 final rule, new Q&As, policy memos, upcoming engagements, and more.
BIA Vacates IJ Decision, Finds IJ Made "Inappropriate Remarks"
The BIA held that inappropriate remarks by the IJ called the fairness of the proceedings into question, and that the IJ's finding that the respondent's claims were frivolous did not comport with prior BIA precedent. Courtesy of Christopher Helt.
CA9 Upholds Denial of Sexual Orientation Asylum Claim from Mexico
The court upheld the finding that Petitioner did not meet his burden of showing that the government was unable or unwilling to control his attackers where he failed to report sexual abuse. Original opinion follows. (Castro-Martinez v. Holder, 4/15/11; amended 12/5/11)
USCIS Policy Memo on Appellate Jurisdiction for I-360s Filed by Certain Afghan or Iraqi Nationals
USCIS 4/12/11 final policy memo on adjudicating I-360 petitions filed by Afghan or Iraqi nationals who worked for the U.S. Government, and on jurisdiction over appeals relating to such petitions. This memo supersedes the interim memo for comment posted by USCIS on 3/17/11.
USCIS Asylum Division Stakeholder Meeting Minutes
USCIS Asylum Division minutes from its 4/12/11 quarterly stakeholder meeting. Topics include proposed customer inquiry response procedures, the asylum EAD Clock, and more. Original invitation follows minutes.
DOS 2010 Country Reports on Human Rights Practices
DOS 2010 Country Reports on Human Rights Practices provides encyclopedic detail on human rights conditions in over 190 countries for 2010. According to the report, in 2010, governments around the world continued to commit severe human rights violations and abuses.
CA9 Upholds Requirement that Past Persecution Occur in Country of Removal
The court upheld 8 CFR §1208.16(b)(1)(i), requiring past persecution to have occurred in the country of removal, and denied asylum to Petitioner who suffered spousal abuse only in the U.S. (Gonzalez-Medina v. Holder, 4/7/11)
CA3 Finds Limited Jurisdiction over Decision to Deny Sua Sponte Reopening
The court found jurisdiction over the denial of a sua sponte motion and held that the BIA erred in finding that Petitioner’s health issues were irrelevant to his persecution claim. (Pllumi v. Att’y Gen. of the U.S., 4/6/11)
AILA/EOIR Liaison Meeting Q&As (04/06/11)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 4/6/11. Topics include the asylum EAD clock, gang-related asylum claims, Matter of R-A-, notice of hearings, limited appearances, joint motions, change of venue, and more.
DOS Notice of Public Meeting on the FY2012 Refugee Admissions Program
DOS notice that there will be a meeting of the President’s FY2012 U.S. Refugee Admissions Program on 5/12/11 to hear the views of attendees on the appropriate size and scope of the program. Written comments are due on 5/5/11. RSVP by 5/5/11. (76 FR 19176, 4/6/11)