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
USCIS Invitation to Webinar on HART's One-Year Anniversary
USCIS invites stakeholders to a Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center engagement on Wednesday, March 27. USCIS will share updates and answer Q&As.
AILA Executive Director Urges Biden Administration to Offer Haitians Safety in this Time of Turmoil
AILA Executive Director Ben Johnson urged the Biden Administration to take immediate action as Haiti faces immense challenges and use “all of the tools in the executive branch’s toolbox” to help offer security and safety to those affected, including extending and redesignating TPS for Haitians.
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Failed to Exhaust Imputed Membership and Race-Based Claims
The court held that the petitioner had failed to exhaust her race-based claims and her claim of imputed membership in the particular social group (PSG) consisting of “communal landowners of Ixchiguán, Guatemala, that refused to cooperate with criminal gangs.” (Chun Mendez v. Garland, 3/15/24)
CA6 Concludes That BIA Engaged in Improper De Novo Factfinding When Analyzing Petitioner’s Family-as-a-PSG Claim
The court held that the BIA’s conclusions as to the nexus required to prove asylum for the Salvadoran petitioner’s proposed particular social group (PSG) consisting of her family lacked support in the record and constituted improper de novo factfinding. (Vasquez-Rivera v. Garland, 3/15/24)
Think Immigration: A Look Inside DHS’ Family Expedited Removal Management Program
AILA Law Student Member Araceli Garcia describes how University of Texas Law students were able to help families in the expedited removal program and how the expansion of the FERM program has meant the need for counsel has only grown.
USCIS Announces Streamlined Process for Refugee EADs
USCIS announced a streamlined process to provide EADs to eligible refugees that shortened the wait time for an EAD to approximately 30 days instead of several months. All individuals admitted into the United States as refugees on or after 12/10/23, will receive EADs pursuant to this new process.
CA9 Remands for BIA to Properly Consider Whether Supporting Documents Independently Proved Petitioner’s Past Persecution Claim
The court held that the BIA did not properly evaluate whether the petitioner’s documentary evidence independently supported her claims of past persecution in her native Zambia on account of her sexual orientation. (Kalulu v. Garland, 3/11/24, amended 2/13/25)
CA5 Denies Rehearing En Banc in Mejia-Alvarenga v. Garland
The court denied the petition for en banc rehearing, but withdrew its previous opinion and substituted in its place a new decision that upheld the BIA’s denial of asylum as to the Salvadoran petitioner. (Mejia-Alvarenga v. Garland, 3/8/24)
CA8 Finds BIA Did Not Err in Vacating IJ’s Grant of CAT Relief as to South Sudanese Petitioner
The court held that the BIA did not err in rejecting the petitioner’s claim under the Convention Against Torture (CAT) for deferral of his removal to South Sudan, finding that the evidence was insufficient to establish a likelihood of torture. (Yar v. Garland, 3/8/24)
USCIS Provides Guidance on Mobile Biometrics Collection in Remote Locations
USCIS updated its guidance in the USCIS Policy Manual to further clarify existing policy on providing mobile biometrics collection services to benefit requestors residing in remote locations within the United States. Guidance is effective 3/7/24 and comments are due by 4/8/24.
CA10 Concludes That Women Business Owners in El Salvador Is Not a Cognizable PSG
The court found that the BIA did not err in denying petitioners’ motion to terminate, nor in denying their asylum claim based on finding no nexus and holding that “women business owners in El Salvador” is not a cognizable particular social group (PSG). (Miguel-Pena, et al. v. Garland, 3/4/24)
CA6 Says That Mexican Business Owners Is Not a Cognizable PSG
The court upheld the BIA’s denial of asylum and withholding of removal as to the Mexican petitioner, concluding that the petitioner’s proposed social group (PSG) of “Mexican business owners” was not legally cognizable. (Reyes Galeana v. Garland, 3/4/24)
CA8 Finds That Serious Nonpolitical Crime Bar Applies to Honduran Petitioner Who Transported Guns and Drugs for MS-13
Where petitioner admitted he had knowingly transported guns and drugs for the MS-13 gang on multiple occasions, the court upheld the BIA’s conclusion that he had committed a serious nonpolitical crime and was thus ineligible for withholding of removal. (Herrera-Elias v. Garland, 3/4/24)
BIA Issues Ruling on Regulation Concerning Removal Proceedings Where Respondent Has Credible Fear of Persecution or Torture
The BIA held that 8 CFR §1240.17 applies only to those respondents placed in expedited removal proceedings whose applications for relief and protection were first adjudicated by USCIS and who were then placed in removal proceedings under INA §240. Matter of F–C–S–, 28 I&N Dec. 788 (BIA 2024)
CA9 Upholds Denial of Asylum to Mexican Petitioner Who Was Formerly a Member of the Southsider Gang
The court held that the BIA did not err in finding that the petitioner’s proposed social group—“Mexicans with mental health disorders characterized by psychotic features who exhibit erratic behavior”—lacked particularity, and thus upheld the denial of asylum. (Uribe v. Garland, 3/1/24)
CA1 Upholds Denial of Asylum to Petitioner Who Feared She Would be Forced into Prostitution in Guatemala
The court found that the BIA did not err in determining that the petitioner, who feared that she might be forced to become a prostitute or sell drugs if she returned to Guatemala, had failed to meet her burden to show a nexus to a protected ground. (Esteban-Garcia v. Garland, 2/29/24)
CA7 Finds BIA Erred by Failing to Apply Clear Error Standard of Review in Reversing IJ’s Denial of CAT Relief
After first finding that it had jurisdiction, the court held that the BIA erred by failing to apply the required clear error standard of review in reversing the IJ’s denial of Convention Against Torture (CAT) relief to the Salvadoran petitioner. (F.J.A.P. v. Garland, 2/27/24)
CA8 Upholds Denial of Motion to Reopen After Finding Recent Events in India Were Not Material Changes of Country Conditions
Where the petitioner claimed he was fleeing political persecution by the ruling party in India, the court held that recent events in India were not material changes of country conditions that could support the petitioner’s untimely motion to reopen and remand. (Singh v. Garland, 2/23/24)
CA2 Upholds Asylum Denial Where Petitioner Had Safely Relocated Twice in India
The court upheld BIA’s conclusion that the government had rebutted the presumption of future persecution by showing that petitioner could safely relocate within India, finding petitioner’s argument that he had been living in hiding unpersuasive. (Bhagtana v. Garland, 12/5/23, amended 2/22/24)
Resources on Case Challenging Interim Final Rule on Asylum Claims at the Southern Border
The Ninth Circuit granted the parties’ Joint Motion to Place Appeal in Abeyance pending settlement negotiations in this case and a related case, M.A. v. Mayorkas. (East Bay Sanctuary Covenant, et al. v. Biden, et al., 2/21/24)
Practice Alert: DOJ’s $1.2 Million Settlement with IJ Scott D. Laurent’s Former Staff
AILA provides a practice alert after DOJ announced a $1.2 million settlement to a former staff assistant of immigration judge Scott D. Laurent, of the Los Angeles Immigration Court. As of the date of this alert, the IJ remains listed as a current judge.
USCIS Invitation to Upcoming National Asylum Engagement
USCIS invites stakeholders to a 3/6/24 national asylum engagement on March 6, 2024, from the Arlington Asylum office and available virtually. No need to register to join virtually.
CA3 Finds BIA and IJ Ignored Evidence Favorable to Somali Petitioner Regarding His CAT Claim
The court concluded that, in deciding the petitioner’s Convention Against Torture (CAT) claim, the BIA failed to consider evidence favorable to petitioner concerning whether the government of Somalia would acquiesce in his torture, and thus remanded to the BIA. (Herrow v. Att’y Gen., 2/13/24)
Practice Pointer: How to Limit the Impact of Matter of M-R-M-S- on Family-based Asylum Claims
Matter of M-R-M-S- is a precedential decision regarding nexus in family-based asylum claims in which the BIA essentially heightens the nexus standard for family-based claims. This practice pointer provides a summary of the case and strategies for litigating family-based claims.
USCIS Provides Guidance on Processing Form I-589 After Removal Proceedings are Dismissed or Terminated
USCIS provides an updated flow chart on how it processes Form I-589 after removal proceedings are dismissed or terminated.