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
EOIR FY2010 Statistical Year Book
EOIR's FY2010 Statistical Year Book includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
CA2 Asks BIA to Clarify “Aggravating Circumstances” Standard in Forced IUD Case
The court vacated Matter of M-F-W-, and remanded to the BIA to articulate the standard it applied in determining that aggravating circumstances did not exist to raise Petitioner’s forced IUD insertion to the level of persecution. (Wong v. Holder, 2/1/11)
CA9 Finds No Nexus to Political Opinion in Indian Asylum Claim
The court found that the harm Petitioner suffered at the hands of the Indian police was motivated by the desire to stop publication of Petitioner’s father’s book, rather than to persecute Petitioner for his political opinion. (Sharma v. Holder, 2/1/11)
CA3 on Prosecution vs. Persecution
The court denied the petition for review, finding insufficient evidence that the prosecution of Petitioner by the Chinese government for assisting illegal immigrants from North Korea would be based on his political opinion. (Li v. Att’y Gen. of the U.S., 2/1/11)
CA10 Upholds Denial of Christian Indonesian Asylum Claim
The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11)
CA3 Finds Evidence Tampering Is an Aggravated Felony and Particularly Serious Crime
The court held that tampering with physical evidence in violation of New York Penal Law §215.40(2) is an aggravated felony under INA §101(a)(43)(S) and a particularly serious crime rendering Petitioner ineligible for withholding of removal. (Denis v. Holder, 1/26/11)
USCIS Asylum Division Quarterly Stakeholder Meeting Minutes
USCIS Asylum Division minutes from its 1/25/11 quarterly stakeholder meeting. Topics include contact with Asylum Offices, EAD eligibility, gender-based asylum cases, asylum officer notes, material support, travel documents, and more. Original invitation follows minutes.
CA2 Upholds BIA Denial of Chinese Family Planning Claim
The court found that the harm inflicted on Petitioner, who was punched repeatedly by family planning officials and detained for two days after his wife was taken away for an abortion, did not rise to the level of persecution. (Liu v. Holder, 1/24/11)
CA1 Rejects Asylum Claim Based on Fear of FGM to Daughter
The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
CA4 Denies Salvadoran Withholding Claim Based on Social Group
The court held that young, Americanized, well-off Salvadoran male deportees with criminal histories who oppose gangs is not narrow or enduring enough to clearly delineate its membership or readily identify its members. (Lizama v. Holder, 1/19/11)
CA9 Finds Immigration Consultant Fraud Excuses Late-Filed Asylum Application
The court held that the immigration consultant fraud that caused the late filing of Petitioner’s application constitutes an “extraordinary circumstance” warranting tolling of the deadline. (Viridiana v. Holder, 1/19/11; withdrawn 7/19/11)
CA9 Reverses Adverse Credibility in Chinese Christian Asylum Claim
The court reversed the adverse credibility finding as improperly based on the IJ’s perception of Petitioner’s ignorance of Christian doctrine, misstatements that did not go to the heart of the claim, and insufficient evidence of evasiveness. (Li v. Holder, 1/19/11)
BIA Remands for IJ to Apply REAL ID Act to Guatemalan Withholding Claim
Unpublished BIA decision remanding, finding it was unclear which standard of law the IJ applied in assessing credibility, and in applying the REAL ID Act, IJ should consider totality of circumstances and respondent’s age at time of persecution. Courtesy of Diana M. Bailey.
CA5 Finds No Nexus in Family-Based Albanian Social Group Claim
Over dissent, the court found that the extensive, credible record of kidnapping and harm to petitioner’s family members evidenced a quintessentially personal motivation of revenge, not one based on membership in a social group. (Demiraj v. Holder, 1/11/11)
AILA Practice Pointer: Final USCIS Guidance on Surviving Relatives
AILA Liaison offers analysis and commentary on the 12/16/10 USCIS policy memorandum on the approval of petitions and applications after the death of the qualifying relative under new INA §204(l). Special thanks to Brent Renison.
CA6 Upholds IJ Denial of Social Group Claim from Guinea
The court held that the immigration judge reasonably determined that “women subjected to rape as a method of government control” is not a particular social group because of its general, far-reaching, and circular nature. (Kante v. Holder, 1/7/11)
CA9 Dissent Says Attorneys Have a Duty to Investigate All Grounds for Asylum
The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers. (Teclezghi v. Holder, 1/4/11)
USCIS Powerpoint on Adjudicating Children's Asylum Claims - Particular Social Groups
USCIS provided an internal Powerpoint on adjudicating children's asylum claims. The presentation identifies common bases for children's particular social groups.
CA9 Remands Wife’s Asylum Claim, Upholds Adverse Credibility for Husband
In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)
DOJ OIL December 2010 Litigation Bulletin
DOJ Office of Immigration Litigation December 2010 Litigation Bulletin covers Samirah v. Holder, jurisdiction over administrative closure, nine new immigration judges appointed, summaries of court decisions, and more.
Welcome to VOICE 2.0: January/February 2011
AILA’s VOICE: An Immigration Dialogue kicks off 2011 with a new, dynamic platform. The January/February 2011 issue features articles on strict DMV policies, finding a job, the DREAM debate, keeping resolutions—and much more!
SSA POMS on Acceptable Evidence of Refugee, Parolee, and Asylee Status
SSA’s RM 10211.185 provides guidance on acceptable evidence of refugee status, parolee status, and asylee status.
CA5 Remands CAT Claim for Reconsideration under “Willful Blindness” Standard
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
President Issues FY2011 Refugee Admissions Numbers and Authorizations
President Obama’s Presidential Determination with FY2011 refugee admissions numbers and authorizations of in-country refugee status. (75 FR 75851, 12/7/10)
CA9 Finds Past Persecution and Well-Founded Fear in Mongolian Asylum Claim
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10)