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 Finds DHS Counsel Conduct “Unbecoming”
Unpublished BIA decision, where the BIA sustained a grant of asylum, dismissed the DHS appeal, and criticized the conduct of the DHS attorney towards the Immigration Judge. Courtesy of Perry & Associates, PC.
Presidential Memorandum: Refugee Admissions
A 10/08/10 memorandum from President Barack Obama to the Secretary of State authorizing the admission of up to 80,000 refugees to the U.S. during FY2011. The memorandum specifies refugee admissions allocations by region.
CA3 Remands Chinese Population Control Asylum Claim
The court held that the evidence compeled the conclusion that the petitioner was persecuted on account of her resistance to China’s coercive population control policies and remanded to the BIA. (Cheng v. U.S. Att’y Gen., 10/6/10)
CA10 Adopts BIA Interpretation of “One Central Reason”
The court adopted the BIA’s interpretation of “one central reason” set forth in Matter of J-B-N- and S-M-, that the protected ground cannot be incidental, tangential, superficial, or subordinate to another reason for harm. (Dallakoti v. Holder, 10/5/10)
Immigration Law Advisor, September 2010 (Vol. 4, No. 8)
Immigration Law Advisor with an article on evaluating the authenticity of foreign documents in removal proceedings, federal court activity for August 2010, the Ninth Circuit’s revisiting of the “unable or unwilling to control” standard, recent BIA precedent decisions, and a regulatory update.
CA11 Remands Sexual Orientation Asylum Claim Where IJ Engaged in Stereotyping
The court vacated and remanded a Serbian sexual orientation claim, finding that the IJ’s decision was impermissibly based on homosexual stereotypes, which precluded the court from engaging in meaningful appellate review. (Todorovic v. U.S. Att’y Gen., 9/27/10)
IJ Grants Asylum Due to Gang Recruitment Efforts
In an unpublished decision, the IJ found the respondent qualified for asylum based on membership in the particular social group, “male siblings of those murdered by gangs who resist active recruitment efforts by the same gang.” Courtesy of Joanna Ritcey-Donohue.
ICE Announces Conviction of Three Attorneys for Asylum Fraud Scheme
ICE announcement that three attorneys for a northern California law firm and their contract interpreter were sentenced to prison following their convictions on charges stemming from filing hundreds of false asylum cases, which are under review by USCIS and ICE.
USCIS Executive Summary of Quarterly Stakeholder Meeting with Director Mayorkas
USCIS Executive Summary of 09/23/10 quarterly stakeholder meeting with Director Mayorkas. Issues addressed include the final fee rule, updates on the newly created Fee Waiver Form (Form I-912), the Policy Review, and the unauthorized practice of immigration law.
USCIS Press Release on Final Rule Adjusting Fees for Immigration Benefits
USCIS News Release, Fact Sheet, and Q&As on the final rule increasing fees for immigration applications and petitions. The Fact Sheet includes the schedule of fees that will take effect on 11/23/10.
CA9 Proceeds on Merits of Derivative Asylum Claim Despite Death of Principal (Withdrawn 5/5/11)
Over dissent, the court dismissed the principal asylum applicant’s claim as moot due to his death, but declined to dismiss the derivative’s claim in light of the possible collateral consequences of such action. (Saval v. Holder, 9/23/10)
DOS Comment Request on Refugee Biographic Data Sheet Extension
DOS issued a 60-day comment request on the extension of the validity of the Refugee Biographic Data Sheet. Comments are due 11/20/10. (75 FR 57542, 9/21/10)
BIA Finds “One Central Reason” Standard Applies to Withholding of Removal
The BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010)
CA8 Remands Congolese Case for Clear Probability of Persecution
The court directed the BIA to consider whether Petitioner’s current activities would cause him to be singled out for persecution, and whether a pattern and practice of persecution exists as to actual and imputed political dissidents. (Malonga v. Holder, 9/14/10)
EOIR Fact Sheet: Observing Immigration Court Hearings
EOIR 09/09/10 fact sheet on observing immigration court hearings. Topics include when hearings may be closed to the public, instructions to follow before going to observe a hearing, and related links.
EOIR at a Glance Fact Sheet
EOIR 09/09/10 fact sheet that provides an agency overview for general informational purposes only. Topics include removal proceedings, other hearings and reviews, IJ decisions, appeals, and related links.
DHS Privacy Act Notice for New Citizenship and Immigration Data Repository System of Records
DHS requests comments on a Privacy Act notice for the new Citizenship and Immigration Data Repository System of Records. This system becomes effective and comments are due on 10/8/10. (75 FR 54642, 9/8/10)
DHS Comment Request on Privacy Act Exemptions for New Citizenship and Immigration Data Repository System of Records
DHS requests comments on Privacy Act exemptions for the new USCIS Citizenship and Immigration Data Repository System of Records. This system becomes effective and comments are due on 10/8/10. (75 FR 54528, 9/8/10)
CA9 Reverses Course on “Exceptional Circumstances” (Updated 4/7/11)
On rehearing, the court found that its original opinion interpreted the “exceptional circumstances” safe harbor for aliens removed in absentia too broadly and dismissed the petition for review. Original opinion follows. (Vukmirovic v. Holder, 4/6/11)
CA3 on BIA Standards of Review in Asylum Cases
The court held that the BIA's prior interpretation of §1003.1(d)(3) cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)
DOS Seeks Comments on Affidavit of Relationship for Priority 3 - Family Reunification Category under USRAP
DOS seeks comments on Form DS-7656, Affidavit of Relationship, which will be required for the U.S. Refugee Admissions Program Priority 3 Family Reunification category. DNA evidence of parent-child relationships will be required. Comments due 11/8/10. (75 FR 54690, 9/8/10)
TRAC Report: Asylum Denial Rate Drops to Twenty-Five Year Low
TRAC report finding that DOJ data shows Immigration Judges asylum denial rates have reached the lowest level in the last 25 years. The webpage includes links to the full report and 253 separate reports covering individual Immigration Judges updated through June 2010.
DOJ OIL August 2010 Litigation Bulletin
DOJ Office of Immigration Litigation August 2010 Bulletin covers terrorist exemptions under the INA, whether women in China who have been subjected to forced marriage and involuntary servitude can constitute a particular social group for purposes of asylum, and more.
CA7 Remands for Consideration of Psychological Persecution of Parents in FGM Case
The court directed the BIA to address Petitioner’s claim that FGM of her U.S. citizen daughter would constitute direct psychological persecution of the parents. (Kone v. Holder, 8/31/10)
CA6 Vacates and Remands Chinese Gender-Based Asylum Claim
The court remanded, holding that BIA failed to make an explicit finding on whether petitioner was a member of a particular social group, but appeared to base asylum denial on the fact that she was not targeted in part on account of her gender. (Qu v. Holder, 8/27/10)