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
DOJ OIL March 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) March 2012 Litigation Bulletin where 9th Circuit held that solicitation of prostitution is categorically a CIMT under California law, 3rd Circuit ruled that 4-year detention during pendency of appeals is unreasonable and more.
CA2 Says IJs May Decline to Make Frivolousness Finding
The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a frivolousness finding. (Zheng v. Holder, 2/27/12)
Federal Agency Says Telephone Scams Target Refugees
Press release from HHS Office of Refugee Resettlement (ORR) says that there are reports of refugee families victimized by the recent telephone scam targeting Bhutanese refugees have come in from Texas, Washington, Colorado, Illinois, Pennsylvania, and Nebraska.
AILA Files Amicus Brief on Social Visibility/Particularity Inquiries in Asylum Cases
AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of "particular social group" for asylum purposes, arguing that the "social visibility" or "particularity" tests should not constitute part of the social group inquiry.
EOIR FY2011 Statistical Yearbook
The FY2011 Statistical Year Book from EOIR containing statistics on respondents’ cases by nationality, language, and disposition. In addition to the standard information, this year’s book includes pending caseload numbers broken down by immigration court.
BIA Remands Humanitarian Asylum Case to IJ
In a case on remand from the Eighth Circuit, the Board found that further fact-finding may be necessary to determine whether the Albanian respondent should be granted humanitarian asylum based on past persecution. Matter of L-S-, 25 I&N Dec. 705 (BIA 2012)
BIA Remands Asylum Case Based on Pro-Democracy Activities in US
In an unpublished decision, the Board remanded to the IJ to determine whether there is a reasonable possibility that the Burmese authorities are aware, or may become aware, of the respondents’ protests with pro-democracy groups in the US. Courtesy of David Cleveland.
Suspension of Visa Services at U.S. Embassy, Damascus
U.S. Embassy in Damascus, Syria announced the suspension of visa services until further notice. Certain visa cases will be handled in Amman, Jordan.
NSC Liaison Q&As on Refugee/Asylee Product Line Teleconference (2/9/12)
The AILA NSC Liaison Committee reports unofficial Q&As from the 2/9/12 teleconference with the Nebraska Service Center on the refugee/asylee product line. Topics include I-693 medical exam questions, Liberian holds, I-765 photo requirements, and more.
CA9 Finds Petitioner Suffered Past Persecution as an Infant
The court found that the petitioner suffered past persecution as an infant in Guatemala where his indigenous family suffered severe persecution, and where the petitioner suffered deprivations directly attributable to the persecution. (Mendoza-Pablo v. Holder, 2/7/12)
CA7 on Particular Social Group in Albanian Asylum Case
The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group. (Cece v. Holder, 2/6/12)
DOS Notice on Consolidation of Refugee Case Records
DOS notice on proposal to consolidate two existing systems of records, Refugee Case Records, State-59 and Refugee Processing Center Records, State-60, pursuant to the provisions of the Privacy Act of 1974. (77 FR 5865, 2/6/12)
DHS OIG Releases Report on Information Sharing on Foreign Nationals at U.S. Borders.
A redacted DHS OIG report published 2/13/12, addressing the strengths and weaknesses of DHS’s information sharing on foreign nationals at U.S. borders, including eight recommendations meant to help use DHS resources better and facilitate increased data sharing.
DOJ OIL January 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2012 Litigation Bulletin where Third Circuit ruled that ineffective assistance of counsel claim does not extend to visa petition process and other issues related to key adjustment of status and asylum decisions.
CA7 on Withholding of Removal and China’s “One-Child” Policy
The court found that the petitioner did not prove that it was more likely than not she would be persecuted because of her opposition to China’s “one child” policy if she returns to China. (Zheng v. Holder, 1/31/12)
CA1 Denies Salvadoran Asylum Claim
The court found the petitioner did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered at the hands of FMLN guerillas in El Salvador. (Guerrero v. Holder, 1/31/12)
CA1 Denies Guatemalan Social Group Withholding Claim
The court found the Guatemalan petitioner did not show a connection between her feared harm and her membership in either of two social groups: single women perceived to have substantial economic resources or former children of war. (Arevalo-Giron v. Holder, 1/31/12)
CA1 Finds Witnesses to Serious Crime Not a “Socially Visible” Group
The court found that the petitioner’s social group of "witnesses to a serious crime whom the government is unable or unwilling to protect" is not sufficiently visible to establish a particular social group. (de Carvalho-Frois v. Holder, 1/26/12)
CA4 Finds BIA Applied Wrong Standard of Review
The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard. (Turkson v. Holder, 1/26/12)
CA9 on Credibility Findings under the REAL ID Act
The court found that the BIA complied with its remand mandate by considering the REAL ID Act’s impact on the immigration judge’s finding that the petitioner’s claims were not sufficiently corroborated for his request for CAT relief. (Oshodi v. Holder, 1/26/12)
USCIS Provides Asylum Statistics from January 2012 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 1/26/12, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.
CA1 Rejects Gang-Related Withholding Claim
The court found that the petitioner, who argued he was targeted for gang recruitment and would be perceived as a wealthy returnee to El Salvador, did not establish membership in a particular social group. (Garcia-Callejas v. Holder, 1/24/12)
CA6 Upholds Asylum Denial Due to Adverse Credibility Determination
The court found there was substantial evidence the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in other findings regarding credibility. (Abdurakhmanov v. Holder, 1/23/12, amended 3/1/12).
CRS Report on Immigration Issues in the 112th Congress
Congressional Research Service (CRS) report on immigration issues in the 112th Congress, including border control and visa security, legal immigration, documentation and verification, interior enforcement, citizenship, and refugees and other humanitarian populations.
CA10 Finds No Past Persecution in Chinese Asylum Case
The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief. (Pang v. Holder, 1/6/12)