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 Says Corroboration Not Required When Determining Timeliness of Asylum Claim
The en banc court found that the BIA improperly imported the corroboration requirement of INA §208(b)(1)(B)(ii), governing the merits of asylum, into §208(a)(2)(B), requiring applications to be filed within one year of arrival in the U.S. (Singh v. Holder, 6/17/11)
CA3 Directs BIA to Grant Withholding to Uzbek Nationals
The court directed the BIA to grant withholding of removal without remand finding that despite two opportunities, the BIA failed to support its conclusion that Petitioners are a danger to the U.S. with substantial evidence. (Yusupov v. Att’y Gen. of the U.S., 6/16/11)
AILA Applauds Bill to Help Refugees and Asylum Seekers
AILA statement on the introduction of the Refugee Protection Act of 2011. The bill, introduced June 15, 2011, addresses shortfalls in current law and would, among other fixes, eliminate the one-year filing deadline for asylum seekers.
HRW Report on Transfers of Detained Immigrants
Human Rights Watch report entitled “A Costly Move,” analyzes 12 years of data and finds that transfers separate detained immigrants, including LPRs, refugees, and undocumented people from the attorneys, witnesses, and evidence they need to defend against deportation.
Presidential Memorandum on Unexpected Refugee Needs Related to Libya and Côte d'Ivoire
A 6/9/11 Presidential Memorandum for the Secretary of State authorizing assistance for the purpose of meeting unexpected and urgent refugee and migration needs related to the humanitarian crises resulting from the violence in Libya and Côte d'Ivoire.
BIA Addresses Whistleblowing as a Basis for Asylum
The BIA held that retaliation for opposition to state corruption may form the basis for a claim based on political opinion if, post-REAL ID, the actual or imputed anti-corruption belief was one central reason for the harm. Matter of N-M-, 25 I&N Dec. 526 (BIA 2011)
USCIS Asylum Division Memo on Notifying Certain Asylum Applicants How To Seek Release From Detention
USCIS Asylum Division memo dated 6/9/11 regarding updated information notification of ICE's parole guidelines to arriving aliens found to have a credible fear of persecution or torture, including copies of the updated information notification.
CA9 Says Reinstatement Does Not Apply to Petitioner Who Sought Relief Pre-IIRIRA
The court held that reinstatement of removal under INA §241(a)(5) is impermissibly retroactive when applied to individuals who applied for discretionary relief prior to IIRIRA’s effective date. (Chay Ixcot v. Holder, 6/1/11)
White House Blog on Immigrant Integration
White House blog about a group of community leaders recognized as Champions of Change, and the work that they do to help immigrants and refugees successfully integrate and thrive in their communities.
AILA Denounces House Detention Bill
AILA press statement on upcoming House hearing to discuss H.R. 1932, a bill that would strip important due process protections of harmless individuals by needlessly increasing the government’s already broad authority to detain noncitizens.
CA1 Upholds Adverse Credibility in Ivory Coast Asylum Claim
Over dissent, the court denied the petition, noting that Petitioner used nearly identical language to describe his mistreatment as that used in an Amnesty International report, and where his testimony was inconsistent and uncorroborated. (Dehonzai v. Holder, 5/23/11)
CA6 Remands for BIA Finding on Whether Citizenship Revocation Is Persecution
The court remanded the case, finding that the BIA failed to consider whether the revocation of Petitioner’s Estonian citizenship on account of her Russian ethnicity amounted to persecution. (Stserba v. Holder, 5/20/11)
EOIR Director Osuna’s Testimony on the Immigration Court System
Testimony of EOIR Director Juan Osuna on improving efficiency and ensuring justice in the immigration court system, given before the Senate Committee on the Judiciary on 5/18/11, in which he addresses caseload, hiring and training, ethics and accountability, BIA, and more.
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules, dated May 18, 2011, creates an internal working group that would review existing regulations, collaborate with rulemaking components, solicit public comment, and recommend revisions.
BIA Sets Forth Framework for Firm Resettlement Findings
The BIA set forth a framework for firm resettlement determinations, focusing exclusively on the existence of an offer of permanent resettlement, and allowing for the consideration of direct and indirect evidence. Matter of A-G-G, 25 I&N Dec. 486 (BIA 2011)
CA1 Finds Rape of Cambodian Woman Was Not Politically Motivated
The court upheld the IJ’s denial of asylum, finding that the evidence suggested that the rapist took personal advantage of information that Petitioner was vulnerable in her husband’s absence, not that the rapes were politically motivated. (Pheng v. Holder, 5/12/11)
DOS Comment Request on Medical Examination Forms for Immigrant or Refugee Applicants
DOS 30-day comment period on the electronic version of Forms DS-2053, DS-2054, DS-3030, DS-3024, DS-3025, and DS-3046. DOS intends to discontinue use of the paper version of such forms. Comments are due 6/10/11. (75 FR 27373, 5/11/11)
DHS Annual Flow Report on Refugees and Asylees Admitted into the U.S. During 2010
DHS May 2011 Annual Flow Report provides information on the number of individuals admitted as refugees or granted asylum in the U.S. in 2010. According to the report, during 2010, 73,293 individuals were admitted as refugees and 21,113 individuals were granted asylum.
BIA Provides Framework for Assessing Mental Competency (Updated 5/13/11)
The BIA set forth a framework to assess the competency of respondents in proceedings and remanded, finding good cause to believe respondent was not competent to proceed. Courtesy of the Univ. of Houston Immigration Clinic. Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011)
CA9 Discusses Credibility and Corroboration in Asylum
The court found that where the IJ has reason in the record to doubt credibility, an absence of evidence may suffice to reject credibility where the need for the evidence is plain and the evidence is reasonably accessible. (Singh v. Holder, 5/3/11)
DOJ OIL April 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) April 2011 Litigation Bulletin introduces David M. McConnell as new Director for OIL Appellate, and covers the INA § 212(c) issue before the Supreme Court, defining “admission,” summaries of recent decisions, and more.
Immigration Law Advisor, April 2011 (Vol. 5, No. 5)
Immigration Law Advisor with an article on the Supreme Court’s interpretation of Section 212(c) and how circuit courts are handling it, circuit court decisions for March 2011, an article on the Convention Against Torture, recent BIA precedent decisions, and a regulatory update.
USCIS RFR Tip Sheet on the Refugee Process
USCIS tip sheet provides information for applicants about filing a Request for Review (RFR) after USCIS has denied their application for refugee status, including information about deadlines, format, content, what the applicants might expect to happen next, and more.
CA9 Says Additional Incidents of Persecution Cast Doubt on Credibility
The court held that the inclusion of three additional incidents of arrest and mistreatment that were added to Petitioner’s claim in a supplemental declaration materially altered his claim in a way that casted doubt on his credibility. (Zamanov v. Holder, 4/29/11)
USCIS Straight from the Source for April 2011
USCIS April edition of Straight from the Source includes information regarding immigration benefits for Japanese nationals impacted by natural disasters, the publication of the Form I-9 final rule, new Q&As, policy memos, upcoming engagements, and more.