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
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)
BIA Says IJ's Conclusions on Extrajudicial Killing Were Not Speculative
The BIA held that an IJ may make reasonable inferences from direct and circumstantial evidence, and is not required to accept respondent's account where other plausible views of the evidence are supported by the record. Matter of D-R-, 25 I&N Dec. 445 (BIA 2011)
CA9 on “Changed Circumstances” and the One-Year Asylum Deadline
“Changed circumstances” does not require an entirely new conflict in the applicant’s country of origin, nor does the law preclude an applicant who has always feared persecution from seeking asylum because the risk of persecution increases. (Vahora v. Holder, 4/5/11)
DOJ OIL March 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) March 2011 Litigation Bulletin covers the court’s holding that application of the 30-day deadline does not violate the Suspension Clause, motions to reopen alleging changed country conditions, summaries of court decisions, and more.
Immigration Law Advisor, March 2011 (Vol. 5, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on document similarities and credibility findings in immigration proceedings, circuit court decisions for February 2011, an article on the “exclusionary rule”, recent BIA precedent decisions, and a regulatory update.
USCIS Alert and Q&As for Japanese Nationals Impacted by Earthquake and Tsunami
USCIS alert, with Q&As attached, for individuals impacted by the 3/11/11 earthquake and tsunami, addressing temporary relief measures and certain U.S. immigration benefits available upon request for nationals of Japan.
AILA Comments on DOJ Regulatory Review
AILA’s comments on the Department of Justice’s implementation of Executive Order 13563, “Improving Regulation and Regulatory Review.” Special thanks to the AILA EOIR Liaison Committee and the AILA Refugee & Asylum Liaison Committee.
USCIS and DOS Launch Pilot Program for Overseas I-730 Processing
USCIS alert announcing the launch of a USCIS/DOS pilot program to test new processing procedures for Form I-730, Refugee/Asylee Relative Petition, follow-to-join cases in five locations. All other posts will continue to follow existing procedures for these cases.
CA9 Attributes Lie of One Spouse to the Other in Assessing Credibility
The court held that a deception unrelated to escaping immediate danger or gaining entry into the United States can form the basis for an adverse credibility determination, even if it turns out to be irrelevant to the claim. (Singh v. Holder, 3/25/11)
CA3 Remands for Analysis of Evidence of Forced Abortion
The court held that the IJ/BIA erred in focusing solely on the date of Petitioner’s abortion set forth in her husband’s asylum claim, while failing to consider corroborating evidence of the date presented in her own claim. (Dong v. Att’y Gen. of the U.S., 3/25/11)
CA7 on “Persecution by Proxy” in Chinese Christian Case
The court found that Petitioner failed to establish that he had suffered past persecution, where his claim was primarily based on the arrest of his parents in 1982, and that he did not establish an individualized risk of future persecution. (Ni v. Holder, 3/25/11)
CA1 Remands 18-Year Old Asylum Claim of Peruvian Military Officer
The court rejected the argument that the Shining Path was motivated by revenge, and remanded for a determination whether “Peruvian military officers whose names are associated with [the massacre at] Accomarca” is a social group. (Castaneda-Castillo v. Holder, 3/24/11)
USCIS Comment Request on HRIFA Instructions for Form I-485, Supplement C
USCIS 60-day comment request on extension of the validity of the Haitian Refugee Immigration Fairness Act (HRIFA) Instructions for Form I-485, Supplement C. Comments are due 5/23/11. (76 FR 16436, 3/23/11)
USCIS Straight from the Source for March 2011
USCIS March edition of Straight from the Source covers E-Verify Self Check, protections for human trafficking victims, H-1B cap exemptions based on relation and affiliation, the proposed H-1B electronic registration system, policy memos, national engagements, and more.
CA7 Upholds Denial of Motion Raising Religious Persecution Claim
The court rejected Petitioner’s argument that her attorney was ineffective for failing to present her claim of persecution in China as a life-long practicing Catholic or to inform her that a claim of religious persecution was relevant. (Jiang v. Holder, 3/18/11)
CA3 Upholds Denial of Chinese Family Planning Asylum Claim
The court found that Petitioners did not demonstrate a well-founded fear of persecution based on the birth of their two U.S. citizen children, or that they would be subjected to fines rising to the level of persecution. (Chen v. Att’y Gen. of the U.S., 3/18/11)
CA9 Remands Indo-Fijian Asylum Claim
The IJ/BIA erred in failing to conduct an individualized analysis of changed conditions after Petitioner established past persecution, and the BIA abused its discretion in denying Petitioner’s motion to reopen following the 2006 coup in Fiji. (Ali v. Holder, 3/18/11)
USCIS Instructions on Request for Review of Refugee Status Denial
USCIS instructions on writing and filing a Request for Review (RFR) of a denial of an application for refugee status. Instructions include information on the filing deadline, signature requirement, G-28s, and more.
USCIS Final Policy Memorandum on Fee Waiver Guidelines
USCIS 3/13/11 policy memorandum on fee waiver guidelines as established by the final rule of the USCIS fee schedule. USCIS posted the interim memorandum for public comment from 11/22/10 – 12/7/10, reviewed the comments received, and approved the final memorandum on 3/13/11.
ICE To Resume Deportations to Haiti: First Rule “Do No Harm”
No one can argue with the removal of dangerous criminals. That is why grounds of removability for serious crimes are in the law. But when the US effectively dumps hundreds of people, especially thugs convicted of “homicide, rape, sexual assault, robbery, sex offense against children,“ and oth
Combating the Terrorism Bars Before DHS and the Courts
An article reprinted from AILA’s Immigration Practice Pointers 2010-2011 Edition on terrorism-related inadmissibility grounds (TRIG) by Anwen Hughes, Thomas K. Ragland and David Garfield.
USCIS Comment Request on Form I-589 Extension
USCIS 30-day comment request on the extension of the validity of Form I-589, Application for Asylum and Withholding for Removal. Comments are due 4/7/11. (76 FR 12751, 3/8/11) (75 FR 74069, 11/30/10)