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
Immigration Law Advisor, September 2009 (Vol. 3, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on contested issues in asylum law, federal court activity for August 2009, Brand X developments in the circuit courts, and recent BIA precedent decisions.
Immigration and The Media—A Public Forum, A Spirited Debate, and An Excellent Meal
Are they “illegal aliens“ or “undocumented noncitizens“?Are representatives of certain anti-immigrant groups credible media sources or racist hate mongers not to be quoted by credible print and electronic media?What is the role of responsible journalism in the public debate about our bad
CA1 Finds Record Sufficient, No Prejudice to Petitioner
The court affirmed the adverse credibility determination and held that regardless of indiscernible sections of the transcript of proceedings, the record was sufficient for review and the petitioner was not prejudiced. (Sihombing v. Holder, 9/22/09)
OSC Technical Assistance Letter on Refugees and Asylees
A 9/21/09 letter from DOJ Deputy Special Counsel Katherine Baldwin provides guidance on I-9 verification procedures for asylees and refugees, including proper documentation and the implications of an expired employment authorization card.
USCIS Q&A: Filing Form I-485, I-765, or I-131 for Refugees and Asylees
USCIS offers a Q&A to clarify issues on filing adjustment applications, work authorization documents, and refugee travel documents for refugees and asylees.
Due Process Restoration Now!
There has been a lot of talk recently about what might be included in an immigration reform bill. Will there be a legalization/amnesty/forgiveness of “lawbreakers“ rule? Will there be an expansion of employment based and family based immigrant visa numbers to solve the economically devastating
Scialabba Memo Regarding Inadmissibility Due to HIV Infection
A 9/15/09, memo from Lori Scialabba and Donald Neufeld, directs officers to hold in abeyance any waiver application and associated benefit request which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection.
CA1 Finds No Nexus in Guatemalan Social Group Claim
The court affirmed the denial of asylum, finding no nexus between the alleged persecution and Petitioner’s social group, indigenous women. (Caal-Tiul v. Holder, 9/10/09)
CA1 Says Petitioner Not Subject to One-Year Asylum Deadline
The court remanded, finding that Petitioner was not required to file for asylum within one year of entry due to the fact that the requirement did not exist at the time of his arrival. (Lumataw v. Holder, 9/9/09)
Asylum HQ Statistics, September 2009
At the 9/9/09, Asylum HQ meeting, the asylum office released Statistics covering: asylum office workload, reasonable/ credible fear workload statistics, asylum applicants from Afghanistan & Iraq, and more.
CA3 Remands Past Persecution Claim To BIA
The court remanded, holding that the BIA’s denial of Petitioner’s past persecution claim was not supported by substantial evidence, where Petitioner presented evidence that she witnessed a brutal assault on a family member. (Camara v. Att'y Gen. of the U.S., 9/4/09)
CA1 Rejects Social Group Claim of Senegalese Woman
The court held that women who had a child out of wedlock, and are considered adulterers because they gave birth to a child allegedly not their husband’s and have been abused by their husbands is not a protected social group. (Faye v. Holder, 9/2/09)
MPI Report on Immigration Detention
In September 2009, MPI released a report on ICE’s responsibilities for immigration detention facilities.
USCIS Provides Lesson Plan on Guidelines for Children's Asylum Claims
USCIS provided its Asylum Officer Basic Training Course lesson plan on children's asylum claims. This lesson addresses interviewing and procedural considerations when working with child asylum applicants, as well as considerations for the legal analysis of their claims.
Immigration Law Advisor, August 2009 (Vol. 3, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on changed circumstances and country conditions for asylum cases, federal court activity for July 2009, an article on the REAL ID act, and a regulatory update.
CA1 Upholds Adverse Credibility Absent Corroborating Evidence
The court denied the petition for review, finding that the immigration judge’s adverse credibility finding was supported by substantial evidence and that Petitioner failed to provide corroborating evidence to clear up inconsistencies. (Zheng v. Holder, 8/27/09)
CA7 Remands to Board for Failure to Consider Petitioner’s Changed Circumstances Motion To Reopen
The Court held that the Board erred when it failed to consider Petitioner’s argument that her parent’s threat of forced marriage in Pakistan constituted a changed circumstance, allowing a second motion to reopen to be filed out of time. (Joseph v. Holder, 8/27/09)
AILA Liaison/Nebraska Service Center Liaison Teleconference Q&As (8/27/09)
The NSC Liaison Committee reports "unofficial" questions and answers from the August 27, 2009, NSC teleconference. Topics include Reentry Permits for children under age 14, I-90s for children turning 14, Reentry Permit biometrics, Nunc Pro Tunc Asylum, Material Support, and more.
AILA’s NSC Liaison Committee Practice Tips for I-131 Re-entry Permits and Refugee Travel Documents
AILA’s Nebraska Service Center Liaison Committee provides practice tips regarding I-131 Re-entry Permits and Refugee Travel Documents (not applicable to Advance Paroles).
CA7 Remands Asylum Claim: IJ’s Denial of Asylum for FGM Persecution Claim in Error
The court held that immigration judge’s ruling that female genital mutilation was not persecution was not supported by law. (Gatimi v. Holder, 8/20/09)
CA1 Affirms BIA Denial of Ugandan Asylum Claim
The court affirmed the BIA’s denial of asylum, withholding, and CAT, finding that Petitioner’s evidence was inconsistent, vague and lacked corroboration. (Matovu v. Holder, 8/20/09)
CA1 Upholds Denial of Motion to Reopen in Kenyan Withholding Case
The court denied the petition for review, finding that Petitioner failed to raise any new evidence or changed circumstances regarding her claims for withholding of removal from Kenya and CAT. (Warui v. Holder 8/19/09)
CA1 Finds No Nexus in Guatemalan Asylum Claim
The court affirmed the BIA’s denial of withholding, finding that Petitioner’s testimony was speculative and did not furnish an adequate nexus between the events and a protected ground. (Lopez-Castro v. Holder, 8/18/09)
CA1 Affirms Denial of Indonesian Christian Withholding Claim
The court found that the immigration judge adequately addressed reports of country conditions in Indonesia and the testimony of each witness, and did not err in denying withholding of removal. (Pakasi v. Holder, 8/18/09)
USCIS Provides Lesson Plan on Note-Taking
USCIS provided part two of its Asylum Officer Basic Training lesson plan on interviewing. This lesson informs asylum officers of the importance of taking clearly written and comprehensive notes during the interview and the characteristics of proper notes and proper note-taking.