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
CA2 Remands, Finds Errors in Consideration of Political Persecution Claim
The court found that the treatment of Petitioner's claim of political persecution based on his act of reporting official corruption to an international human rights organization was based on substantial errors. (Carranza-Fuentes v. Holder, 3/2/10)
USCIS Memorandum on Ramos v. Holder: Former Gang Membership as Potential Social Group
This 03/02/10 USCIS Memorandum from Joseph E. Langlois provides notification to Asylum Offices of the Seventh Circuit’s decision in Ramos v. Holder, holding that former gang membership can form the basis for a particular social group.
USCIS Memo on Ramos v. Holder Decision Regarding Former Gang Membership
USCIS Asylum Division Chief John Langlois issued a memo to asylum office staff on 03/02/10 on the Seventh Circuit decision in Ramos v. Holder holding that a former gang membership can be the basis for a particular social group.
Asylum HQ Statistics, March 2010
At the 03/02/10, Asylum HQ meeting, the asylum office released statistics covering: asylum office workload, reasonable/ credible fear workload statistics, asylum applicants from Afghanistan & Iraq, and more.
EOIR FY2009 Statistical Year Book
EOIR announced that it has released its Fiscal Year 2009 Statistical Year Book. Hard copies of the publication are not currently available to the public, but a user-friendly version is available on the EOIR website.
Matter of S-E-G-, Visibility and Invisibility
AILA Amicus Committee alert on Matter of S-E-G by guest blogger Benjamin Casper, Director of the Pro Bono Litigation Project of the Immigrant Law Center of Minnesota, with Stephen Manning, AILA Amicus Committee chair.
CA2 Remands on Issue of “Government Acquiescence” under CAT
The court found that the BIA committed error in its review of the IJ’s factual findings and evidentiary record and remanded due to concerns with the BIA’s treatment of the “government acquiescence” standard under CAT (De La Rosa v. Holder, 2/25/10)
BIA Round Up: Recent Cases
AILA Amicus Committee alert on recent BIA cases, including Matter of Gamero, Matter of Diaz and Lopez, Matter of Neto, Matter of T-M-H and S-W-C, Matter of Morales, and Matter of Rose.
CA11 Remands Asylum Case Based on Analysis of In-Person Credible Death Threat
CA11 vacated and remanded asylum case, finding that a credible death threat made in person by one with the ability to carry out that threat rises to the level of persecution. (Diallo v. Holder, 2/19/10)
CA9 Finds Lack of Jurisdiction to Review BIA Discretionary Denial for Abuse of Discretion
CA9 found lack of jurisdiction to review for abuse of discretion BIA’s discretionary denial of petitioner’s motion to accept untimely brief because there is no meaningful standard against which to judge agency’s exercise of discretion. (Zetino v. Holder, 2/18/10)
BIA Establishes Temporary “Grace Period” for Weather-related Filing Delays
BIA affords temporary “grace period” for weather-related delays for filings due between 2/5/10 and 2/18/10.
Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock
Penn State Law’s Center for Immigrants’ Rights and AIC’s Legal Action Center released a new study, "Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock." The report addresses problems and solutions to perennial asylum clock problems.
CA6 Grants Withholding under INA and Denies CAT Claim in Police Abuse Case
CA6 granted withholding of removal under INA and denied CAT claim, holding that evidence compels finding that Algerian police abused petitioner for suspected political affiliation and that the abuse constituted persecution. (Haider v. Holder (2/10/10).
Parlak and the Persecutor Bar
AILA Amicus Committee alert on Parlak v. Holder.
Third Circuit – Social Group Analysis
AILA Amicus Committee alert on Valdaviezo-Galdamez v. Holder.
CA9 Finds Failure to Consider Country Conditions Constitutes Reversible Error in CAT Case
CA9 granted petition as to CAT relief application and remanded finding failure to consider evidence of country conditions constitutes reversible error and IJ and BIA erred by construing “government acquiescence” too narrowly. (Aguilar-Ramos v. Holder, 2/4/10)
Immigration Law Advisor, January 2010 (Vol. 4, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on waiver relief for refugees who engaged in criminal activity, federal court activity for December 2009, an article on the motions to reopen and IIRIRA, recent BIA precedent decisions, and a regulatory update.
USCIS Comment Request on Revision of Form I-590
USCIS comment request on revision of Form I-590, Registration for Classification as Refugee. Written comments must be submitted by 3/3/10. (75 FR 5101, 02/01/10)
USCIS Comment Request on Revision of Form G-646
USCIS comment request on revision of Form G-646, Sworn Statement of Refugee Applying for Admission to the U.S. Written comments must be submitted by 3/3/10. (75 FR 5097, 02/01/10)
BIA on “Changed Circumstances” Related to Asylum Application Filing Delays
The BIA held that the particular circumstances related to delays in filing an asylum application must be evaluated to determine whether the application was filed “within a reasonable period given those ‘changed circumstances.’” Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010)
AILA Liaison/Nebraska Service Center Liaison Meeting Q&As (1/28/10)
The NSC Liaison Committee reports "unofficial" questions and answers from a recent stakeholder meeting. Topics include I-131 receipting procedures, new Lockbox Procedures, Re-entry Permit renewals, submission assembly, OPT extension, I-131s filed by asylees, I-90s, and more.
USCIS Fraud Referral Sheet
USCIS Fraud Referral Sheet which was submitted into evidence by ICE during removal proceedings.
CA9 Finds Material Witnesses for Government Do Not Constitute Protected Social Group
The court denied application for asylum, withholding of removal and relief under CAT, finding that material witnesses for the government do not constitute a protected social group (Velasco-Cervantes v. Holder, 1/27/10)
Matter of T-, Oral Argument at BIA
AILA Amicus Committee alert on oral arguments in Matter of T-, a case in which AILA appeared as amicus along with the American Immigration Council and the Northwest Immigrant Rights Project.
CA4 Finds IJ Committed Substantial Legal Error in Rejecting Certain Corroborating Evidence of Asylum Applicant
CA4 granted petition for review, vacated BIA decision, and remanded asylum case, finding that IJ committed substantial legal error in rejecting certain of petitioner’s corroborating evidence (Marynenka v. Holder, 1/25/10).