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
S. 1618 – SSI Extension for Elderly and Disabled Refugees Act of 2011
S. 1618, introduced by Sen. Schumer (D-NY) on September 22, 2011, extends the eligibility period for SSI benefits for refugees and asylees.
CA2 Says Firm Resettlement Inquiry Is Not Limited to Post-Persecution Ties
The court held that the firm resettlement inquiry requires consideration of all ties established by an alien in a third country before entering the U.S., including ties formed prior to the persecution giving rise to the asylum claim. (Tchitchui v. Holder, 9/19/11)
ICE Announces Charges in Large Scale L.A.-Area Asylum Fraud Scheme
ICE press release announcing that the owner and an employee of New Arrival Immigration Service were charged with filing fraudulent asylum applications for Chinese clients claiming persecution based on their Christian beliefs.
CA9 Says Incorrect Standards Were Applied in Refusing to Excuse Late Asylum Application
The IJ applied incorrect legal standards when finding Petitioner had not shown changed or extraordinary circumstances to excuse his late application and the IJ erred in finding that the application was not filed in a reasonable time period. (Singh v. Holder, 9/8/11)
BIA Refuses to Apply Frivolous Asylum Bar to Derivative Child
In an unpublished decision, the BIA held that as the minor derivative of her mother's application, the respondent did not receive the necessary advisals, and held that the frivolousness finding applicable to her mother should not be applicable to her. Courtesy of Alan Lee.
CA10 Rejects Political Opinion and Social Group Claim in MS-13 Case
The court found that Salvadoran women aged 12 to 25 who have resisted gang recruitment is sufficiently particular for purposes of a social group claim, but found that the proposed group failed the social visibility test. (Rivera-Barrientos v. Holder, 9/7/11)
CA7 Remands Colombian/FARC Asylum Claims for Further Proceedings
The court found that the BIA inexplicably focused only on the FARC’s burning of Petitioner’s trucks in concluding he was not persecuted and rejected the Board’s finding that even if he was persecuted, it was not due to a protected ground. (Escobar v. Holder, 9/7/11)
CA7 Recognizes Threat of “Honor Killing” as Basis for Social Group Claim
The court found that Petitioner is a member of the particular social group of women in Jordan who have flouted repressive moral norms and face a high risk of honor killing. (Sarhan v. Holder, 9/2/11)
VOICE: September/October 2011
AILA kicks off the fall season with a new issue of VOICE: An Immigration Dialogue! Be sure to check out articles on the U.S. Military’s Selective Service requirement, the long wait for immigrant visas, our new “Pass the Mic” and “Poetic Justice” columns, and more!
CA9 Finds Jurisdiction to Review Denial of Relief Despite BIA Remand on Collateral Issue
The court found jurisdiction to review the BIA’s denial of relief where the BIA remands under 8 CFR §1003.1(d)(6) for completion of background checks that are required before alternative relief may be granted. (Li v. Holder, 9/1/11)
CA11 Upholds Adverse Credibility Determination in Venezuelan Asylum Case
The court upheld the adverse credibility finding where Petitioner claimed to be present at a rally where his mother was killed but presented no evidence that he was politically active, at the rally, or detained and beaten after. (Carrizo v. U.S. Att’y Gen., 8/31/11)
CA7 Finds IJ’s Interpretation of Precedent Overly-Broad in Vacating Adverse Credibility Assessment
The court found that the IJ erred in basing his negative credibility assessment on Petitioner’s submission of hospital certificates, which the IJ interpreted as suggesting Petitioner’s abortion was voluntary and not forced as she alleged. (Lin v. Holder, 8/30/11)
CA6 Upholds Voluntary Departure Regulation at 8 CFR §1240.26(i)
The court held that 8 CFR §1240.26(i), which provides for the automatic termination of voluntary departure upon the filing of a petition for review, is valid given the AG’s statutory discretion to grant voluntary departure. (Hachem, et al. v. Holder, 8/29/11)
Delgado, Chevron, and the Changing Nature of Deferential Review of Immigration Decisions
AILA Amicus Committee alert on the Ninth Circuit’s recent decision, Delgado v. Holder holding that attorney generals may classify crimes as particularly serious both through case-by-case adjudication and by regulation for asylum purposes.
CA7 Cites Recent Independence of South Sudan in Remand for Deferral under CAT
The court remanded in light of three undisputed legal errors in the BIA’s analysis, the government’s contention that it does not intend to remove Petitioner to Sudan, and the recent declaration of South Sudan’s independence. (Wani Site v. Holder, 8/26/11)
CIS Ombudsman Recommendation on EADs for Asylum Applicants
An 8/26/11 CIS Ombudsman recommendation to improve coordination and communication among different departments and agencies with respect to the issuance of employment authorization documents (EAD) for asylum applicants and administration of the asylum EAD clock.
CA3 Vacates and Remands LGBT Asylum Case Finding Flawed BIA Analysis
The court remanded an LGBT asylum case, finding that the BIA incorrectly evaluated the petitioner's claim as though it was based on individualized persecution and erred in its analysis of changed country conditions. (Izquierdo v. Att'y Gen. of the U.S. 8/24/11)
DHS Procedures for Implementing EOIR Background Check Regulations
DHS Q&A on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including information on the regulations, application procedures, filing instructions for I-485s, and more.
DHS Fact Sheet on Implementing EOIR Background Check Regulations
DHS Fact Sheet on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including asylum, withholding, adjustment of status, cancellation, suspension of deportation, and certain waivers.
IJ Grants Asylum Due to Respondent's Relative Being Involved with Anti-Gang Efforts
In an unpublished decision, the IJ found the respondent qualified for asylum as a victim of past persecution on account of her identity as an “immediate relative of Salvadorian police officers involved in anti-gang efforts.” Courtesy of Alexander Miller.
CA9 on Credibility and Corroboration in Chinese Christian Asylum Case
The court held that although the adverse credibility finding was based on mischaracterizations of testimony and trivial inconsistencies, Petitioner failed to respond to the request for corroborative evidence or explain his failure to do so. (Ren v. Holder, 8/19/11)
ORR Announces Urgent Single-Source Grant Awarded to SOTI in San Diego, CA
HHS Office of Refugee Resettlement (ORR) notice of an urgent single-source grant awarded to Survivors of Torture International (SOTI) for the provision of services to individuals who have experienced trauma or torture prior to their arrival in the U.S. (76 FR 50744, 8/16/11)
CA8 Upholds Denial of Asylum for Venezuelan Woman
The court upheld the BIA’s conclusion that Petitioner failed to establish that she was targeted on account of her political opinion or sexual orientation, or that the treatment she experienced rose to the level of persecution. (Lopez-Amador v. Holder, 8/15/11)
CA9 Finds Jurisdiction; Says BIA Remand Is a Final Order
The court held that the BIA’s reversal of asylum and remand for voluntary departure proceedings was a final order and that neither Dada v. Mukasey, nor the 2009 voluntary departure regulations undermines the court’s jurisdiction. (Pinto v. Holder, 8/12/11)
CA1 Remands Albanian Asylum Claim to Reconsider Past Persecution
The court remanded the case for the BIA to reconsider evidence of the systematic and serious abuse of Petitioner’s children, which included two kidnappings, three beatings, and an aggravated rape as part of his claim of past persecution. (Precetaj v. Holder, 8/11/11)