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 for IJ to Apply REAL ID Act to Guatemalan Withholding Claim
Unpublished BIA decision remanding, finding it was unclear which standard of law the IJ applied in assessing credibility, and in applying the REAL ID Act, IJ should consider totality of circumstances and respondent’s age at time of persecution. Courtesy of Diana M. Bailey.
CA5 Finds No Nexus in Family-Based Albanian Social Group Claim
Over dissent, the court found that the extensive, credible record of kidnapping and harm to petitioner’s family members evidenced a quintessentially personal motivation of revenge, not one based on membership in a social group. (Demiraj v. Holder, 1/11/11)
AILA Practice Pointer: Final USCIS Guidance on Surviving Relatives
AILA Liaison offers analysis and commentary on the 12/16/10 USCIS policy memorandum on the approval of petitions and applications after the death of the qualifying relative under new INA §204(l). Special thanks to Brent Renison.
CA6 Upholds IJ Denial of Social Group Claim from Guinea
The court held that the immigration judge reasonably determined that “women subjected to rape as a method of government control” is not a particular social group because of its general, far-reaching, and circular nature. (Kante v. Holder, 1/7/11)
USCIS Powerpoint on Adjudicating Children's Asylum Claims - Particular Social Groups
USCIS provided an internal Powerpoint on adjudicating children's asylum claims. The presentation identifies common bases for children's particular social groups.
CA9 Dissent Says Attorneys Have a Duty to Investigate All Grounds for Asylum
The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers. (Teclezghi v. Holder, 1/4/11)
CA9 Remands Wife’s Asylum Claim, Upholds Adverse Credibility for Husband
In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)
DOJ OIL December 2010 Litigation Bulletin
DOJ Office of Immigration Litigation December 2010 Litigation Bulletin covers Samirah v. Holder, jurisdiction over administrative closure, nine new immigration judges appointed, summaries of court decisions, and more.
Welcome to VOICE 2.0: January/February 2011
AILA’s VOICE: An Immigration Dialogue kicks off 2011 with a new, dynamic platform. The January/February 2011 issue features articles on strict DMV policies, finding a job, the DREAM debate, keeping resolutions—and much more!
SSA POMS on Acceptable Evidence of Refugee, Parolee, and Asylee Status
SSA’s RM 10211.185 provides guidance on acceptable evidence of refugee status, parolee status, and asylee status.
CA5 Remands CAT Claim for Reconsideration under “Willful Blindness” Standard
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
President Issues FY2011 Refugee Admissions Numbers and Authorizations
President Obama’s Presidential Determination with FY2011 refugee admissions numbers and authorizations of in-country refugee status. (75 FR 75851, 12/7/10)
CA9 Finds Past Persecution and Well-Founded Fear in Mongolian Asylum Claim
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10)
DOJ OIL November 2010 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) November 2010 Litigation Bulletin covers a CA9 finding that individuals in removal proceedings have a statutory right to access their A-File, exhaustion of administrative remedies under the INA, updates on pending cases, and more.
VOICE: December 2010
The December issue of VOICE: An Immigration Dialogue features articles on Padilla, the new naturalization certificate and IJs, Kurzban’s haiku contest—and more! Also, meet the first Face of AILA and learn all about a new member benefit!
USCIS Fact Sheet on Fee Schedule, New Forms, and Revised Forms
USCIS fact sheet on adjusted fees, revised forms and instructions, and new forms taking effect on November 23, 2010. The new forms include Form I-912, Request for Fee Waiver, and Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program.
USCIS Form G-1055 Fee Schedule
USCIS Form G-1055 Fee Schedule effective November 23, 2010.
DHS Final Rule on USCIS Fee Schedule (Updated 11/16/10)
DHS final rule on the USCIS Fee Schedule, with correction to the fee for filing Form I-131, for a refugee travel document for an adult age 16 or older. The new fee schedule takes effect on 11/23/10. (75 FR 69851, 11/16/10) (75 FR 58962, 9/24/10)
CA7 on Review of Administrative Closure Decisions
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
AILA Liaison/Nebraska Service Center Liaison Meeting Q&As (11/04/10)
The NSC Liaison Committee reports "unofficial" questions and answers from the November 3–4, 2010, liaison meeting. Topics include I-140s, Kazarian v. USCIS, I-131s, I-765s, PERM, AC21 permanent portability, Lockbox issues, and more.
Immigration Law Advisor, October 2010 (Vol. 4, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Third Circuit’s treatment of de novo review, sexual abuse, and res judicata, circuit court decisions for September 2010, recent BIA precedent decisions, and a regulatory update.
CRS Report on Immigration Reform and the 111th Congress
A 10/29/10 Congressional Research Service (CRS) report on the multi-tiered debate over comprehensive immigration reform and the legislative prospects of immigration-related issues in the 111th Congress.
CA9 Orders CAT Relief, Finding BIA Erred in Conception of CAT Protection
The court ordered CAT relief, finding that BIA erred in its denial on the basis that petitioner could avoid torture by ceasing to exercise her political rights and remanded for consideration of her FGM claim as a separate basis for relief. (Edu v. Holder, 10/26/10)
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.