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
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.
CA11 Remands Sexual Assault and Orientation Asylum Case
The court remanded asylum case, finding that BIA did not explain whether the sexual assault that respondent described rose to the level of persecution and instead relied on an alleged finding that the IJ, in fact, never made. (Ayala v. U.S. Attorney General, 5/7/10)
BIA Clarifies How an IJ Should Determine an Asylum Application is Frivolous
The BIA held that when determining a case to be frivolous, the IJ may incorporate any facts made in support of the adverse credibility finding and consider separately the applicant’s explanations on the inconsistencies. Matter of B-Y-, ID 3680, 25 I&N Dec. 236 (BIA 2010)
CA7 Denies Kucana Petition Following Supreme Court Remand
CA7 denied petition, finding the BIA did not abuse its discretion when concluding that the evidence did not show a material adverse change in country conditions between 2002 and 2006. (Kucana v. Holder, 5/4/10)
CA8 Remands, Finding Petitioner Eligible for Asylum Based on Past Persecution
CA8 remanded asylum claim to IJ, finding that that the evidence would compel any reasonable fact-finder to conclude that petitioner suffered past persecution. (Bracic v. Holder, 4/29/10)
CA7 on Imputed Political-Opinion and China’s One-Child Policy
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (Chen v. Holder, 4/28/10)
CRS Report: Unauthorized Aliens in the United States
The Congressional Research Service (CRS) issued a report on undocumented immigrants in the U.S. including information on demographics, current law, and policy options.
CA9 Remands, Finding BIA Erred in Denial of CAT Claim
CA9 granted petition, finding that the BIA’s reasoning appears to be at odds with the IJ’s decision, petitioner’s credible testimony, and judicially-noticeable facts. The court remanded to BIA for a clearer explanation of its decision. (Eneh v. Holder, 04/15/10)
IJ Grants Asylum to Indonesian Woman Citing Sexual Harassment
The IJ granted asylum to an Indonesian woman who had experienced discrimination and sexual harassment due to her Chinese ethnicity, as well as persecution on account her membership in the Christian religion. Courtesy of Sun Jin Jung.
CA1 Finds "Young Women Who Resist Gang Recruitment" Is Not a Social Group.
The court held that "young women who resist gang recruitment" do not constitute a legally cognizable social group because the proposed group lacks social visibility and is not sufficiently particular. (Mendez-Barrera v. Holder, 4/15/10)
CIS Ombudsman Issues Recommendation on Adjudication of Applications for Refugee Status
The CIS Ombudsman issued a recommendation on the adjudication of applications for refugee status. The recommendation addresses emergent or denied applications including expediting cases, articulating reasons for denial and issuing guidance for requests for reconsideration.
CA9 Remands Withholding of Removal Claim for Past Persecution Decision
CA9 remanded in part, finding that the IJ and BIA did not decide whether petitioner’s testimony, if believed, established past persecution. The court held that the IJ erred in making a finding of changed circumstances. (Mutuku v. Holder, 4/9/10)
CA3 Remands, Finding BIA Erred in Review of CAT Decision
The court remanded, holding that the BIA erred in reviewing the finding of a probability of torture de novo and not under a “clearly erroneous” standard. (Kaplun v. Att'y Gen. of the U.S., 4/9/10)
DOJ OSC Issues Flyers on Refugees and Asylees Work Eligibility
The DOJ Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) released two flyers, one for employees and one for employers, on employment eligibility for refugees and asylees, called “Refugees and Asylees Have the Right to Work.”
UNHCR Issues Guidance on Refugee Claims Relating to Victims of Organized Gangs
The UN High Commissioner for Refugees (UNHCR) issued a Guidance Note on refugee claims relating to victims of organized gangs. The guidance includes an overview of gangs, typology of victims of organized gangs and legal analysis of gang-related asylum claims. AILA Doc. No. 10040532.
BIA on Forced Sterilization and DOS Country Reports
The BIA held that the evidence, considered in light of DOS country reports, failed to establish reasonable possibility that either respondent would be subject to forced sterilization for having two U.S.-born children. Matter of H-L-H & Z-Y-Z, 25 I&N 209 (BIA 2010)
BIA Round Up: Looking Ahead, Cases to Watch
AILA Amicus Committee alert with a summary of upcoming cases at the BIA.
AILA/EOIR Liaison Meeting Minutes (3/24/10)
The AILA EOIR Liaison 3/24/10 meeting minutes address pro bono issues, Immigration Court policies and procedures, MTRs, emergency stays of deportation/removal, the BIA, technology issues, attorney sanction questions, and more.
AILA Submits Amicus Brief in BIA Matter of C-T-L Case
AILA submitted an amicus brief in the BIA asylum case Matter of C-T-L. AILA concludes that the requirement that an enumerated ground is "at least one central reason" for the fear of persecution applies to withholding of removal claims.
Asylum Office HQ/CBO Meeting Minutes, 03/02/10
Minutes from the 03/02/10, Asylum HQ liaison meeting cover the following topics: New ICE Parole Policy, Asylum Office Statistics, material support exemptions and more.