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
TRAC Report: Asylum Denial Rate Drops to Twenty-Five Year Low
TRAC report finding that DOJ data shows Immigration Judges asylum denial rates have reached the lowest level in the last 25 years. The webpage includes links to the full report and 253 separate reports covering individual Immigration Judges updated through June 2010.
DOJ OIL August 2010 Litigation Bulletin
DOJ Office of Immigration Litigation August 2010 Bulletin covers terrorist exemptions under the INA, whether women in China who have been subjected to forced marriage and involuntary servitude can constitute a particular social group for purposes of asylum, and more.
CA7 Remands for Consideration of Psychological Persecution of Parents in FGM Case
The court directed the BIA to address Petitioner’s claim that FGM of her U.S. citizen daughter would constitute direct psychological persecution of the parents. (Kone v. Holder, 8/31/10)
CA6 Vacates and Remands Chinese Gender-Based Asylum Claim
The court remanded, holding that BIA failed to make an explicit finding on whether petitioner was a member of a particular social group, but appeared to base asylum denial on the fact that she was not targeted in part on account of her gender. (Qu v. Holder, 8/27/10)
CA8 Finds Reinstatement of Removal Not Impermissibly Retroactive
Over dissent, the court found no retroactive effect in the application of reinstatement of removal under INA §241(a)(5) as applied to Petitioner, who had an asylum application pending when the 1996 reinstatement provision was enacted. (Jerez v. Holder, 8/25/10)
BIA on IJ Authority to Determine Frivolity of Asylum Applications
The BIA held that a determination that an alien has filed a frivolous asylum application can be made in the absence of a final decision on the merits of the application or in circumstances where the asylum application has been withdrawn. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010)
CBP Curriculum for Basic Training Academy
CBP training curriculum used for Border Patrol Agents and the CBP Office Basic Academy, which is based on job task analyses from which CBP has developed a "Critical Task List" to ensure that training lessons are congruent with tasks performed in the field.
CA9 Finds IJ Did Not Err in Reassessing Credibility on Remand
As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)
CA9 Sets Aside Finding that Asylum Claim Was Frivolous
In a Nepalese asylum case, the court found that the IJ’s adverse credibility finding was supported by substantial evidence, but that the finding of frivolousness was procedurally unsound and not supported by a preponderance of the evidence. (Khadka v. Holder, 8/18/10)
Reporting Questions or Concerns on the New EOIR 1-800 Number
Deputy Chief Immigration Judge Michael McGoings states in an e-mail that callers wanting to report a question or concern regarding the new EOIR 1-800 number system should contact the Office of Legislative and Public Affairs.
CA7 Finds Jurisdiction to Review CAT Deferral of Removal Claims
Over dissent, the court found that neither INA §242(a)(2)(B) nor §242(a)(2)(C) bar jurisdiction to review claims regarding the denial of deferral of removal under CAT. (Issaq v. Holder, 8/17/10)
CA6 Says Petitioner’s Series of Job Losses in Kyrgyzstan Did Not Amount to Persecution
The court upheld the BIA’s denial of the petitioner’s asylum claim, finding that her series of job losses, which were a result of her opposition to the corruption of the wife of the former president of Kyrgyzstan, did not rise to the level of persecution. (Japarkulova v. Holder, 8/11/10)
CA7 Reverses Denial of Colombian Asylum Claim
The court granted the petition for review and reversed the BIA’s denial of the petitioner’s asylum claim, holding that the petitioner was persecuted in the past on account of her anti-FARC political opinion. (Martinez-Buendia v. Holder, 8/10/10)
USCIS 30-Day Extension of Comment Request on Form I-643 Revision (Updated 8/9/10)
USCIS 30-day extension of the information collection on whether to revise Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status. Written comments are due 09/8/10. (75 FR 47824, 8/9/10) (75 FR 23784, 5/4/10)
Fingerprint Notification for California and Arizona Asylum Applicants
Due to technical difficulties, USCIS did not print and mail Forms I-797C, Fingerprint Notification to asylum applicants living in California and Arizona between 7/8/10 and 8/4/10. This notice provides instructions for persons affected by the technical failure.
CA7 Finds Failure to Appeal BIA Asylum Denial Limits Review
The court denied the petition for review and found that because petitioner did not appeal from the decision of the BIA on his asylum claim, the court was limited to reviewing the denial of his motion to reopen and reconsider (Victor v. Holder, 8/6/10)
CA7 Finds Failure to Exhaust Administrative Remedies in Withholding Claim
The court dismissed the petition for review, finding that the petitioner failed to exhaust administrative remedies by not preserving the individual-persecution argument for his withholding of removal claim on appeal to the BIA. (Aguilar-Mejia v. Holder, 8/6/10)
CA6 on Ineffective Assistance of Counsel and Equitable Tolling
The court remanded an ineffective of assistance of counsel claim in an asylum case, holding that the BIA abused its discretion in finding that petitioner did not show due diligence. (Mezo v. Holder, 8/2/10)
2009 Yearbook of Immigration Statistics
DHS Office of Immigration Statistics 2009 Yearbook of Immigration Statistics. Report includes tables on legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.
USCIS Response to CIS Ombudsman Recommendation Regarding the USRAP
A 7/31/10 USCIS memo from Alejandro Mayorkas, Director, to January Contreras, CIS Ombudsman, in response to recommendations made about the U.S. Refugee Admissions Program (USRAP), including recommendations on emergent or denied refugee applications.
Oh Come On Now!
I'll admit it. It's summer and I'm cranky. But, come on people. Not another outbreak of hypocrisy on immigration! We've watched while agency officials pulled apart the law to find ways to make illegal the status of people here legally or struggling to attain legal status. Making Muslim men register,
CA1 Denies Asylum Claim of Former Cambodian Police Officer
The court held that fears resulting solely from past conduct as an honest police officer and potential victimization by corrupt police officers and criminals in the future does not qualify as persecution based on one of the protected grounds. (Ly v. Holder, 7/28/10)
DOJ OIL June 2010 Litigation Bulletin
DOJ Office of Immigration Litigation released its June 2010 Bulletin, which includes an article analyzing the declining percentage of published asylum-related government wins in the Eleventh Circuit, litigation highlights, and summaries of federal court decisions.
USCIS News Release, Fact Sheet and Q&As on Policy Review (Updated 7/27/10)
A USCIS news release, fact sheet, and Q&As on the agency-wide Policy Review including the first 10 issue areas for review, public survey results and how the Policy Review will change USCIS policy.
CA9 Discusses “Unable or Unwilling” Standard for Nongovernmental Persecution
In a Ghanaian religious persecution case, the BIA erred in its “unable or unwilling” analysis by ignoring evidence favorable to Petitioner, misstating Petitioner’s testimony, and treating police reports made by others as irrelevant. (Afriyie v. Holder, 7/26/10)