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 Overrules Matsuk; Finds Jurisdiction to Review Particularly Serious Crime Determination
The court found jurisdiction to review the decision that a conviction is a particularly serious crime and remanded to the BIA for a clear explanation of its finding that Petitioner’s DUI conviction barred him from relief. (Delgado v. Holder, 8/19/11)
Presidential Determination on Refugee and Migration Needs Related to the Horn of Africa
An 8/8/11 memorandum from President Obama for the Secretary of State, on furnishing assistance from the U.S. Emergency Refugee and Migration Assistance Fund for the purpose meeting unexpected urgent refugee and migration needs related to the Horn of Africa.
AILA Comments on Latest Revisions to M-274, Handbook for Employers
The AILA Verification and Documentation Committee comments on provisions in the latest edition of the USCIS M-274, Handbook for Employers that require correction or clarification. Special thanks to Marketa Lindt, Kevin Lashus, Mary Pivec, and Robert White.
President Orders the Creation of an Interagency Atrocities Prevention Board
An 8/4/11 Presidential Study Directive by President Obama directing the creation of an interagency Atrocities Prevention Board and corresponding interagency review to coordinate a government-wide approach for the prevention of, and response to, mass atrocities and genocide.
CA8 Rejects Social Group Claim in MS-13 Case
The court agreed with the BIA that “persons resistant to gang violence” are too diffuse to be recognized as a social group and that Petitioner’s family was no different from any other Salvadoran family that has experienced gang violence. (Constanza v. Holder, 8/1/11)
DOS Update on Issues Relating to the Refugee Admissions Program
A 7/26/11 Bureau of Population, Refugees, and Migration report on recent progress and challenges experienced by the U.S. Refugee Admissions Program. Topics include reception and placement, longer-term help for refugees, issues with security screening procedures, and more.
CA7 Upholds Removal of DEA Informer
The court found that reasonable, substantial, and probative evidence presented on remand established a “serious reason to believe” that Petitioner is or has been a trafficker of heroin, thus barring her from relief from removal. (Pronsivakulchai v. Holder, 7/25/11)
CA9 Remands for BIA to Decide if Consultant’s Actions Excuse Untimely Asylum Application
On rehearing, the court held that the BIA erred as a matter of law in finding that fraudulent deceit by an immigration consultant cannot constitute an “extraordinary circumstance” that excuses an otherwise untimely asylum application. (Viridiana v. Holder, 7/19/11)
USCIS Provides Asylum Statistics from July 2011 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 7/19/11, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.
USCIS Asylum Division Stakeholder Meeting Minutes and Invitation (7/19/11)
USCIS Asylum Division minutes from its 7/19/11 quarterly stakeholder meeting. Topics include a 6/9/11 memorandum, updated information guide, statistics, customer service policies, reschedule requests, nunc pro tunc procedures, the asylum clock, leading questions, and more.
BIA Remands, Orders Consideration of Worsening Conditions for Christians in Iraq
In an unpublished decision, the BIA held that conditions in Iraq have changed to such an extent since the respondent’s prior removal hearing that the proceeding should be reopened to consider her application for asylum. Courtesy of Steven N. Garmo.
BIA on Changed Circumstances and the One-Year Asylum Deadline
In an unpublished decision, the BIA held that the respondent’s discovery of his HIV status was a changed circumstance, excusing the late filing. The BIA also noted that an approved labor certification would qualify as an extraordinary circumstance. Courtesy of Paul O’Dwyer.
CA9 Finds Pro-Labor Position Constitutes Protected Political Opinion
The court found that the BIA ignored the anti-government opinion Chinese officials imputed to Petitioner as motivation for abuse, and erroneously concluded that his pro-labor activities did not constitute an expression of political opinion. (Hu v. Holder, 7/14/11)
CA7 Remands Macedonian Asylum Case; Discusses Persecution vs. Harassment
The court found that the harm suffered by Petitioners rose to the level of persecution where the couple was robbed, the husband beaten, the wife sexually molested, and her parents rendered unconscious. (Stanojkova v. Holder, 7/14/11; amended 8/16/11)
USCIS Update and Q&As Regarding the End of Moscow Parole Program
USCIS update announcing that the agency will no longer offer parole to Lautenberg category members who are denied refugee status in Moscow. Individuals who have been offered parole by USCIS in Moscow should arrive in the U.S. by 9/30/11. Q&As on this topic follow the update.
CA9 Finds Nexus in Mexico Whistleblowing Asylum Case
The court held that exposure of corruption in the Mexican government and Petitioner’s refusal to accede to corrupt demands were political acts that qualify Petitioner as a whistleblower for asylum and withholding of removal. (Perez-Ramirez v. Holder, 7/8/11)
Iraqi Refugee Processing Fact Sheet
USCIS fact sheet on Iraqi refugee processing including information on the resettlement process for Iraqi refugees, security checks, procedures for Iraqi citizens currently in the U.S., living outside Iraq, and living in Iraq, and Special Immigrant Visas for Iraqis.
DOJ OIL June 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) June 2011 Litigation Bulletin addresses the Solicitor General’s cert petitions in CA9 imputation cases, REAL ID Act corroboration provisions, finality and reconsideration, updates on pending cases and issues, and more.
VOICE: July/August 2011
The July/August 2011 issue of VOICE: An Immigration Dialogue features articles on acts that could make your client inadmissible, litigation and practice management advice from seasoned professionals, latest happenings with members, and much more!
DOS Report on Mission to Iraq, Israel, and the West Bank
Report from Eric Schwartz, Asst. Secretary of State for Population, Refugees, and Migration on his May 2011 trip to Iraq, Israel, and the West Bank, detailing U.S. efforts to support displaced Iraqis, African migration to Israel, and U.N. humanitarian work in the West Bank.
CA9 Remands, Finds Nexus in Armenian Whistleblowing Asylum Claim
The court granted the petition for review in a case involving an Armenian petitioner who faces retaliation from a notorious criminal for pursuing his prosecution and exposing his ties to corrupt government officials. (Antonyan v. Holder, 6/29/11)
CRS Report on Asylum and “Credible Fear” Issues
A 6/29/11 Congressional Research Service (CRS) report on asylum and “credible fear” issues in U.S. immigration policy provides an overview of the current asylum policy, a breakdown of source countries for asylum seekers, an analysis of approved asylum cases, and more.
ICE’s Union “On The Water Front”
The ICE union's reaction to ICE Director John Morton's prosecutorial discretion memorandum shows that the union leadership, apparently out of touch with its own members, is hell bent on maintaining the status quo-indiscriminate arrest, detention, prosecution, and deportation of immigrants-without th
CA9 Allows Consideration of Alien’s Admission in Determining Removability (Withdrawn)
Clarifying Cheuk Fung S-Yong, the court held that an IJ may consider an alien’s admissions regarding removability if they are corroborated by the narrow set of documents that are part of the record of conviction. (Pagayon v. Holder, 6/24/11; withdrawn 12/8/11)
BIA Remands for Further Fact Finding in Domestic Violence Asylum Case
In an unpublished decision, the BIA remanded for entry of a new decision, calling for further factual development and arguments specific to the gender-based asylum claim, consistent with the Attorney General’s directive in Matter of R-A-. Courtesy of Aleksander Milch.