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
AILA Liaison/NSC Teleconference Q&As (7/22/2010)
The Nebraska Service Center Liaison Committee reports unofficial questions and answers from the July 22, 2010, teleconference. Topics include I-140s, Concurrent Filings, I—765s, I-131s, and more.
CA7 Remands Chinese Asylum Case on “One-Child” Policy
The court remanded the asylum case of a petitioner opposed to China’s “one-child” policy, finding that the BIA overlooked the critical facts, and then it unconvincingly denied having overlooked them. (Li v. Holder, 7/15/10)
EOIR Memo on FY2010 Case Completion Goals
A 7/14/10 memo from Brian M. O’Leary, Chief Immigration Judge, announcing EOIR’s FY2010 Case Completion Goals, including goals for detained cases, bond hearings, expedited asylum cases, credible fear reviews, Institutional Hearing Program, and more. Courtesy of Jesse Maanao.
CA11 Requires Fact-Specific Inquiry to Rebut Past Persecution in Withholding Claim
Whether a fundamental change has occurred to rebut past persecution for withholding of removal is a fact-specific inquiry, tailored to the petitioner’s claim. It is insufficient to rely on information about general country changes. (Imelda v. U.S. Att’y Gen., 7/12/10)
CA7 Remands Asylum Claim of Falun Gong Practitioner
The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)
CA7 Raises Concern on Attorney Failure to Meet Deadlines in Asylum Case
The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)
CA3 Finds BIA Ignored Majority of Petitioner’s Evidence in CAT Claim
The court reversed and granted withholding of removal under CAT, finding that the BIA ignored the majority of Petitioner's evidence and held that it is more likely than not that petitioner would be tortured if returned to China. (Kang v. U.S. Att’y Gen., 7/8/10)
CA1 Upholds Asylum Denial Based on Changed Circumstances in Albania
The court affirmed the BIA’s denial of asylum, finding that the 2006 Department of State Country Report and Asylum Profile demonstrated changed conditions in Albania. (Nako v. Holder, 7/7/10)
ICE Reports Number of Haitians in ICE Custody as of 6/24/10
On the ICE FOIA Reading Room, ICE reported a total of 400 Haitians in ICE Custody as of 6/24/10 including criminal and non-criminal detainees. ICE deferred to USCIS on question of the number of Haitians who have applied for asylum since the earthquake.
CA3 Finds No Jurisdiction to Review DHS Asylum Termination
The court held that the IJ and BIA did not err in determining that the immigration judge lacked jurisdiction to review DHS’s termination of Petitioner’s asylum status. (Bhargava v. Holder, 7/1/10)
Immigration Law Advisor, June 2010 (Vol. 4, No. 6)
Immigration Law Advisor, a EOIR legal publication, with an article on recent developments in gang-related asylum claims, federal court activity for May 2010, an article on the bars to refugee protection, recent BIA precedent decisions, and a regulatory update.
CA1 Finds "Youths Who Resist Gang Recruitment" Is Not a Social Group
Citing Mendez-Barrera v. Holder, the court held that "youths who resist gang recruitment" does not constitute a particular social group. (Larios v. Holder, 6/21/10)
Jailed Without Justice: Immigration Detention in the USA
This report from Amnesty International exposes the immigrant detention system in the U.S. as broken and unnecessarily costly. It costs about $95 per day to detain someone, while effective alternatives only cost $12 per day, yet the alternatives are often not considered.
DOS Visa Policy Update on Human Rights Ineligibilities
DOS issued a cable also that includes instructions for entering the names of suspected human rights violators and abusers into the Consular Lookout and Support System (CLASS).
USCIS Asylum Division Stakeholder Meeting Notes
USCIS notes from the 6/8/10 Asylum Division Stakeholder meeting. Notes include questions and answers on asylum program statistics, reasonable and credible fear interview procedures, employment authorization, and more.
CA8 Applies Hassan Case Precedent in Denial of FGM Asylum Case
CA8 held that, in light of adverse credibility findings and lack of corroborating evidence to establish identity, petitioner could not satisfy burden of proof to show FGM occurred "on account of her membership" in a protected category. (Fesehaye v. Holder, 6/4/10)
USCIS Issues 30-Day Extension of Comment Request on Form I-730 Revision (Updated 6/3/10)
USCIS extension of the comment request period on revision Form I-730, Refugee/Asylee Relative Petition. Written comments are due 7/6/10. (75 FR 31460, 6/3/10) (75 FR 11192, 3/10/10)
CA3 Remands Asylum Case on Imputed Political Opinion
The court remanded the asylum case, finding that the BIA’s conclusion that FARC’s threats were not motivated by a political opinion imputed to petitioner was not supported by substantial evidence. (Espinosa-Cortez v. U.S. Att'y Gen., 6/2/10)
DOJ OIL May 2010 Litigation Bulletin
DOJ Office of Immigration Litigation released its May 2010 Bulletin, which covers topics including a review of AG’s discretionary waiver decisions, review of AG’s discretionary waiver decisions and the Adverse Credibility Project update.
CA9 Remands Asylum Case on China’s Population Control Policy
CA remanded, holding that petitioner suffered persecution for demonstrating other resistance to China’s coercive population control policy and deferred to AG’s INA interpretation in J-S- on spouses of victims of such policies. (Jiang v. Holder, 5/24/10)
SSA POMS on Handling Requests for an SSN for Nonwork Purposes
SSA’s Program Operations Manual System (POMS) sections RM 10211.600 - .615 provide guidance on handling requests for an SSN from an individual without work authorization, including a breakdown of both valid and invalid reasons for assigning an SSN for nonwork purposes.
Sign-On Letter to Senator Leahy In Support of the Refugee Protection Act of 2010 (S. 3113)
On 5/18/10, AILA joined a group of national and local immigrants’ rights, women’s rights, public health, medical, and religious organizations in voicing support for Senator Leahy’s leadership on the Refugee Protection Act of 2010 (S. 3113).
CA7 Denies Motion for Attorney’s Fees in Asylum Case
CA7 denied motion for attorney’s fees, finding that the “position of the United States” as used in the Equal Access to Justice Act does include the BIA’s decision and that the government’s position was substantially justified as a whole. (Gatimi v. Holder, 05/17/10)
DOS Comment Request on Medical Examination for Immigrant or Refugee Applicant
DOS issued a proposed information collection on Forms DS-2053, DS-2054, Medical Examination for Immigrant or Refugee Applicant, and DS-3030, Chest X-Ray and Classification Worksheet. Comments are due 6/9/10. (75 FR 25911, 5/10/10)
ICE Memorandum on Detention of Refugees Who Have Failed to Adjust Status
A 05/10/10 memo from James Chaparro, ICE DRO Director, providing guidance on when and under what circumstances ICE DRO Field Offices may detain refugees admitted under INA §207 who have failed to adjust to lawful permanent resident (LPR) status. Courtesy of Kara Hartzler.