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
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.
CA2 Affirms Withholding Denial for Lack of Corroboration
Finding that Petitioner failed to provide evidence corroborating his testimony, the court held that Petitioner failed to meet his burden for withholding of removal. (Liu v. Holder, 8/5/09)
CA9 Remands to BIA for Consideration of REAL ID Act Corroboration Standard
Court held that corroboration standard in REAL ID Act applies to CAT application filed after effective date of Real ID ACT. The court remanded to BIA for consideration of REAL ID ACT corroboration standard. (Owino v. Holder, 8/4/09)
DHS 2008 Yearbook of Immigration Statistics
A compendium of tables with data on foreign nationals who, during FY2008, were granted lawful permanent residence, were admitted on a temporary basis, applied for asylum or refugee status, or were naturalized. The Yearbook also presents data on immigration law enforcement actions.
Acting EOIR Director Snow Responds to NYT Article Regarding Stress Suffered by Overburdened IJs
EOIR posted a letter from Thomas Snow, Acting Director, EOIR, to the editor of The New York Times regarding a 7/10/09 article titled “Immigration Judges under Strain.”
USCIS Q&As on Filing I-485s, I-131s and I-765s for Refugees and Asylees
USCIS released Q &As on filing Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-765 Application for Employment Authorization and Form I-131, Application for Travel Document for refugees and asylees, which address biometrics, filing fees/waivers and more.
AILA Comments on Refugee Admissions Program for FY2010
AILA provided comments to the Department of State Bureau of Population, Refugees, and Migration regarding the refugee admissions program for FY2010.
Immigration Law Advisor, June 2009 (Vol. 3, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on circuit court treatment of documents commonly submitted in coercive population control asylum claims, federal court activity for May 2009, recent BIA precedent decisions, and a regulatory update.
Stakeholder/USCIS Q & As (6/30/09)
The Q&As address FBI namechecks, mailing addresses, diversity visa lottery, adjustment of status for detained refugees, CSC follow up e-mail address, and more.
TRAC Report Finds Immigration Courts Still Not Completed
Three years after EOIR’s 22 measures were announced to reform the immigration courts; a TRAC report assesses what has and has not been accomplished. This report updates a 2008 TRAC study that offered an assessment at the two-year mark.
TRAC Reports Decrease in Asylum Denial Rate Disparities
A TRAC report reveals that judge-by-judge asylum disparities in the Immigration Courts are down. Accompanying this report are over 250 detailed reports providing the year-by-year record of individual Immigration Judges.
DHS Office of Immigration Statistics Report on Refugees and Asylees
The DHS office of immigration statistics released a report on the number and characteristics of persons admitted as refugees or granted asylum to the United States in fiscal year 2008.
BIA Remands for Enumeration of Ground Relied Upon for Withholding Claim
The BIA remands for further fact-finding and for the IJ to readdress the withholding claim related to FGM in light of the framework set out by the Attorney General in Matter of A-T-. Matter of A-T-, 25 I&N Dec. 4 (BIA 2009)
Immigration Law Advisor, May 2009 (Vol. 3, No. 5)
Immigration Law Advisor with an article on assistance in persecution under duress and Negusie v. Holder, federal court activity for April 2009, an article on recent court decisions on visa eligibility, waivers, and marriage fraud, recent BIA precedent decisions, and a regulatory update.
ICE and Nursing Mothers–To Bond or Not To Bond
A week ago I was contacted by a reporter in North Carolina who became involved in a story about a undocumented immigrant. The undocumented immigrant has been in the United States for 13 years, was the mother of five U.S. Citizen children, ranging in age from 9 1/2 to 9 months. She was taken into [&#
CA4 Upholds BIA’s Interpretation that CSPA Does Not Apply to HRIFA Applicants
The court defers to BIA where the Child Status Protection Act (CSPA) is silent as to whether it applies to HRIFA applicants. The BIA determined that CSPA age-out provisions do not apply to HRIFA applicants. (Midi v. Holder, 5/12/09).
BIA Finds IJ Failed to Adhere to Role of Impartiality
In an unpublished decision, the BIA vacates and remands for a new asylum hearing before a different immigration judge after applicant challenged the fairness of the underlying hearing and BIA found IJ did not behave in a professional and impartial manner. Courtesy of Aleksander Milch.
CA8 Finds Substantial Evidence Supported BIA’s Decision to Reverse IJ’s Asylum Grant
The court upheld the BIA’s decision reversing the IJ’s grant of asylum, finding that the BIA’s determination that four anonymous threats received over a four-year period did not rise to the level of past persecution or a well-founded fear of future persecution. (Cubillos v. Holder, 5/12/09)
DOS List of "Countries of Particular Concern" for Violations of Religious Freedom
DOS released a list of designated "countries of particular concern" for religious freedom violations, under the International Religious Freedom Act of 1998 (Pub. L. 105-292). (74 FR 21843, 5/11/09)
AILA Liaison/NSC Meeting Minutes (5/7/09)
The 5/7/09 meeting minutes address I-140s, I-290B Processing, Labor Certifications, ability to pay, I-485s, RFEs, Portability, EAD for EOIR cases, Refugee and Asylee adjustment denials, I-90s, NSC/TSC relationship, misdirected mail, and more.
Stakeholder/USCIS Q & As (5/5/09)
The Q & As address N-400 fee waivers, use of “care of” in a mailing address, I-751 and I-129F receipt notices issued by VSC, marriages in refugee camps, clarification of security checks, naturalization and migrant farm workers and more.
Immigration Law Advisor, April 2009 (Vol. 3, No. 4)
Immigration Law Advisor, a legal publication from EOIR, with an article on incompetent respondents in removal proceedings, federal court activity for March 2009, an article on rules of evidence in immigration court, recent BIA precedent decisions, and a regulatory update.