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
DOJ OIL November 2010 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) November 2010 Litigation Bulletin covers a CA9 finding that individuals in removal proceedings have a statutory right to access their A-File, exhaustion of administrative remedies under the INA, updates on pending cases, and more.
VOICE: December 2010
The December issue of VOICE: An Immigration Dialogue features articles on Padilla, the new naturalization certificate and IJs, Kurzban’s haiku contest—and more! Also, meet the first Face of AILA and learn all about a new member benefit!
USCIS Fact Sheet on Fee Schedule, New Forms, and Revised Forms
USCIS fact sheet on adjusted fees, revised forms and instructions, and new forms taking effect on November 23, 2010. The new forms include Form I-912, Request for Fee Waiver, and Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program.
USCIS Form G-1055 Fee Schedule
USCIS Form G-1055 Fee Schedule effective November 23, 2010.
DHS Final Rule on USCIS Fee Schedule (Updated 11/16/10)
DHS final rule on the USCIS Fee Schedule, with correction to the fee for filing Form I-131, for a refugee travel document for an adult age 16 or older. The new fee schedule takes effect on 11/23/10. (75 FR 69851, 11/16/10) (75 FR 58962, 9/24/10)
CA7 on Review of Administrative Closure Decisions
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
AILA Liaison/Nebraska Service Center Liaison Meeting Q&As (11/04/10)
The NSC Liaison Committee reports "unofficial" questions and answers from the November 3–4, 2010, liaison meeting. Topics include I-140s, Kazarian v. USCIS, I-131s, I-765s, PERM, AC21 permanent portability, Lockbox issues, and more.
Immigration Law Advisor, October 2010 (Vol. 4, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Third Circuit’s treatment of de novo review, sexual abuse, and res judicata, circuit court decisions for September 2010, recent BIA precedent decisions, and a regulatory update.
CRS Report on Immigration Reform and the 111th Congress
A 10/29/10 Congressional Research Service (CRS) report on the multi-tiered debate over comprehensive immigration reform and the legislative prospects of immigration-related issues in the 111th Congress.
CA9 Orders CAT Relief, Finding BIA Erred in Conception of CAT Protection
The court ordered CAT relief, finding that BIA erred in its denial on the basis that petitioner could avoid torture by ceasing to exercise her political rights and remanded for consideration of her FGM claim as a separate basis for relief. (Edu v. Holder, 10/26/10)
BIA Finds DHS Counsel Conduct “Unbecoming”
Unpublished BIA decision, where the BIA sustained a grant of asylum, dismissed the DHS appeal, and criticized the conduct of the DHS attorney towards the Immigration Judge. Courtesy of Perry & Associates, PC.
Presidential Memorandum: Refugee Admissions
A 10/08/10 memorandum from President Barack Obama to the Secretary of State authorizing the admission of up to 80,000 refugees to the U.S. during FY2011. The memorandum specifies refugee admissions allocations by region.
CA3 Remands Chinese Population Control Asylum Claim
The court held that the evidence compeled the conclusion that the petitioner was persecuted on account of her resistance to China’s coercive population control policies and remanded to the BIA. (Cheng v. U.S. Att’y Gen., 10/6/10)
CA10 Adopts BIA Interpretation of “One Central Reason”
The court adopted the BIA’s interpretation of “one central reason” set forth in Matter of J-B-N- and S-M-, that the protected ground cannot be incidental, tangential, superficial, or subordinate to another reason for harm. (Dallakoti v. Holder, 10/5/10)
Immigration Law Advisor, September 2010 (Vol. 4, No. 8)
Immigration Law Advisor with an article on evaluating the authenticity of foreign documents in removal proceedings, federal court activity for August 2010, the Ninth Circuit’s revisiting of the “unable or unwilling to control” standard, recent BIA precedent decisions, and a regulatory update.
CA11 Remands Sexual Orientation Asylum Claim Where IJ Engaged in Stereotyping
The court vacated and remanded a Serbian sexual orientation claim, finding that the IJ’s decision was impermissibly based on homosexual stereotypes, which precluded the court from engaging in meaningful appellate review. (Todorovic v. U.S. Att’y Gen., 9/27/10)
IJ Grants Asylum Due to Gang Recruitment Efforts
In an unpublished decision, the IJ found the respondent qualified for asylum based on membership in the particular social group, “male siblings of those murdered by gangs who resist active recruitment efforts by the same gang.” Courtesy of Joanna Ritcey-Donohue.
ICE Announces Conviction of Three Attorneys for Asylum Fraud Scheme
ICE announcement that three attorneys for a northern California law firm and their contract interpreter were sentenced to prison following their convictions on charges stemming from filing hundreds of false asylum cases, which are under review by USCIS and ICE.
USCIS Executive Summary of Quarterly Stakeholder Meeting with Director Mayorkas
USCIS Executive Summary of 09/23/10 quarterly stakeholder meeting with Director Mayorkas. Issues addressed include the final fee rule, updates on the newly created Fee Waiver Form (Form I-912), the Policy Review, and the unauthorized practice of immigration law.
USCIS Press Release on Final Rule Adjusting Fees for Immigration Benefits
USCIS News Release, Fact Sheet, and Q&As on the final rule increasing fees for immigration applications and petitions. The Fact Sheet includes the schedule of fees that will take effect on 11/23/10.
CA9 Proceeds on Merits of Derivative Asylum Claim Despite Death of Principal (Withdrawn 5/5/11)
Over dissent, the court dismissed the principal asylum applicant’s claim as moot due to his death, but declined to dismiss the derivative’s claim in light of the possible collateral consequences of such action. (Saval v. Holder, 9/23/10)
DOS Comment Request on Refugee Biographic Data Sheet Extension
DOS issued a 60-day comment request on the extension of the validity of the Refugee Biographic Data Sheet. Comments are due 11/20/10. (75 FR 57542, 9/21/10)
BIA Finds “One Central Reason” Standard Applies to Withholding of Removal
The BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010)
CA8 Remands Congolese Case for Clear Probability of Persecution
The court directed the BIA to consider whether Petitioner’s current activities would cause him to be singled out for persecution, and whether a pattern and practice of persecution exists as to actual and imputed political dissidents. (Malonga v. Holder, 9/14/10)
EOIR Fact Sheet: Observing Immigration Court Hearings
EOIR 09/09/10 fact sheet on observing immigration court hearings. Topics include when hearings may be closed to the public, instructions to follow before going to observe a hearing, and related links.