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
CA7 on Imputed Political-Opinion and China’s One-Child Policy
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (Chen v. Holder, 4/28/10)
CRS Report: Unauthorized Aliens in the United States
The Congressional Research Service (CRS) issued a report on undocumented immigrants in the U.S. including information on demographics, current law, and policy options.
CA9 Remands, Finding BIA Erred in Denial of CAT Claim
CA9 granted petition, finding that the BIA’s reasoning appears to be at odds with the IJ’s decision, petitioner’s credible testimony, and judicially-noticeable facts. The court remanded to BIA for a clearer explanation of its decision. (Eneh v. Holder, 04/15/10)
IJ Grants Asylum to Indonesian Woman Citing Sexual Harassment
The IJ granted asylum to an Indonesian woman who had experienced discrimination and sexual harassment due to her Chinese ethnicity, as well as persecution on account her membership in the Christian religion. Courtesy of Sun Jin Jung.
CA1 Finds "Young Women Who Resist Gang Recruitment" Is Not a Social Group.
The court held that "young women who resist gang recruitment" do not constitute a legally cognizable social group because the proposed group lacks social visibility and is not sufficiently particular. (Mendez-Barrera v. Holder, 4/15/10)
CIS Ombudsman Issues Recommendation on Adjudication of Applications for Refugee Status
The CIS Ombudsman issued a recommendation on the adjudication of applications for refugee status. The recommendation addresses emergent or denied applications including expediting cases, articulating reasons for denial and issuing guidance for requests for reconsideration.
CA9 Remands Withholding of Removal Claim for Past Persecution Decision
CA9 remanded in part, finding that the IJ and BIA did not decide whether petitioner’s testimony, if believed, established past persecution. The court held that the IJ erred in making a finding of changed circumstances. (Mutuku v. Holder, 4/9/10)
CA3 Remands, Finding BIA Erred in Review of CAT Decision
The court remanded, holding that the BIA erred in reviewing the finding of a probability of torture de novo and not under a “clearly erroneous” standard. (Kaplun v. Att'y Gen. of the U.S., 4/9/10)
DOJ OSC Issues Flyers on Refugees and Asylees Work Eligibility
The DOJ Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) released two flyers, one for employees and one for employers, on employment eligibility for refugees and asylees, called “Refugees and Asylees Have the Right to Work.”
UNHCR Issues Guidance on Refugee Claims Relating to Victims of Organized Gangs
The UN High Commissioner for Refugees (UNHCR) issued a Guidance Note on refugee claims relating to victims of organized gangs. The guidance includes an overview of gangs, typology of victims of organized gangs and legal analysis of gang-related asylum claims. AILA Doc. No. 10040532.
BIA on Forced Sterilization and DOS Country Reports
The BIA held that the evidence, considered in light of DOS country reports, failed to establish reasonable possibility that either respondent would be subject to forced sterilization for having two U.S.-born children. Matter of H-L-H & Z-Y-Z, 25 I&N 209 (BIA 2010)
BIA Round Up: Looking Ahead, Cases to Watch
AILA Amicus Committee alert with a summary of upcoming cases at the BIA.
AILA/EOIR Liaison Meeting Minutes (3/24/10)
The AILA EOIR Liaison 3/24/10 meeting minutes address pro bono issues, Immigration Court policies and procedures, MTRs, emergency stays of deportation/removal, the BIA, technology issues, attorney sanction questions, and more.
AILA Submits Amicus Brief in BIA Matter of C-T-L Case
AILA submitted an amicus brief in the BIA asylum case Matter of C-T-L. AILA concludes that the requirement that an enumerated ground is "at least one central reason" for the fear of persecution applies to withholding of removal claims.
Asylum Office HQ/CBO Meeting Minutes, 03/02/10
Minutes from the 03/02/10, Asylum HQ liaison meeting cover the following topics: New ICE Parole Policy, Asylum Office Statistics, material support exemptions and more.
Section-by-Section Analysis of the Refugee Protection Act of 2010
AILA’s section-by-section analysis of the Refugee Protection Act of 2010 (S.3113) introduced by Senator Leahy (D-VT) on 3/15/10.
Senator Leahy Introduces the Refugee Protection Act of 2010
On 3/15/10, Senator Leahy (D-VT) introduced the Refugee Protection Act of 2010.
AILA Applauds Sen. Patrick Leahy’s Introduction of The Refugee Protection Act of 2010
AILA applauds Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for introducing “The Refugee Protection Act of 2010” to ensure that refugees and asylum seekers are protected by the United States.
CA7 Finds Attorney Conduct in Asylum Case Warrants Professional Investigation
CA7 denied petition, noting that a professional investigation of attorney’s handling of the petitioners’ cases appears to be warranted. The court transmitted its decision to the Arkansas Committee on Professional Conduct and EOIR. (Juarez v. Holder, 3/12/10)
CA9 Grants Petition in Part for Remand on Issue of Religious Persecution
CA9 granted petition in part, finding that the court was required to remand to the BIA to address the questions of whether petitioner would be in danger of persecution on account of his religion or would be entitled to other relief. (Tijani v. Holder, 3/11/10)
CRS Report on Visa Issuances and Grounds for Exclusion Policy and Trends
The Congressional Research Service (CRS) issued report on legislative developments in visa policy over the past 20 years and analysis of statistical trends in visa issuances and grounds for exclusion.
CA9 Grants Withholding of Removal Finding BIA Failed to Apply Disfavored Group Analysis
CA9 granted petition with respect to withholding of removal and remanded holding that on this record Christians are a disfavored group in Indonesia and BIA erred in failing to analyze claim according to disfavored group analysis. (Tampubolon v. Holder, 3/9/10)
Asylum Seekers in the Middle of a 4th Circuit Tug of War
AILA Amicus Committee alert on the view of asylum cases within the Fourth Circuit.
CA6 Finds Former Gang Member Part of Particular Social Group, Denies Petition
CA6 held BIA erred and respondent was a member of the particular group of former gang members, which is impossible to leave save by rejoining the organization. Court denied petition finding him statutorily ineligible for withholding. (Urbina-Mejia v. Holder, 3/5/10).
CA4 Finds Lack of Jurisdiction to Review Withholding of Removal Denial and CAT Claim
CA4 dismissed petition, finding lack of jurisdiction to review withholding of removal denials in cases involving certain criminal aliens and lack of jurisdiction over CAT claim due to petitioner’s failure to exhaust administrative remedies (Kporlor v. Holder, 3/5/10).