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
Section-by-Section Analysis of the Refugee Protection Act of 2010
AILA’s section-by-section analysis of the Refugee Protection Act of 2010 (S.3113) introduced by Senator Leahy (D-VT) on 3/15/10.
AILA Applauds Sen. Patrick Leahy’s Introduction of The Refugee Protection Act of 2010
AILA applauds Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for introducing “The Refugee Protection Act of 2010” to ensure that refugees and asylum seekers are protected by the United States.
Senator Leahy Introduces the Refugee Protection Act of 2010
On 3/15/10, Senator Leahy (D-VT) introduced the Refugee Protection Act of 2010.
CA7 Finds Attorney Conduct in Asylum Case Warrants Professional Investigation
CA7 denied petition, noting that a professional investigation of attorney’s handling of the petitioners’ cases appears to be warranted. The court transmitted its decision to the Arkansas Committee on Professional Conduct and EOIR. (Juarez v. Holder, 3/12/10)
CA9 Grants Petition in Part for Remand on Issue of Religious Persecution
CA9 granted petition in part, finding that the court was required to remand to the BIA to address the questions of whether petitioner would be in danger of persecution on account of his religion or would be entitled to other relief. (Tijani v. Holder, 3/11/10)
CRS Report on Visa Issuances and Grounds for Exclusion Policy and Trends
The Congressional Research Service (CRS) issued report on legislative developments in visa policy over the past 20 years and analysis of statistical trends in visa issuances and grounds for exclusion.
CA9 Grants Withholding of Removal Finding BIA Failed to Apply Disfavored Group Analysis
CA9 granted petition with respect to withholding of removal and remanded holding that on this record Christians are a disfavored group in Indonesia and BIA erred in failing to analyze claim according to disfavored group analysis. (Tampubolon v. Holder, 3/9/10)
Asylum Seekers in the Middle of a 4th Circuit Tug of War
AILA Amicus Committee alert on the view of asylum cases within the Fourth Circuit.
CA6 Finds Former Gang Member Part of Particular Social Group, Denies Petition
CA6 held BIA erred and respondent was a member of the particular group of former gang members, which is impossible to leave save by rejoining the organization. Court denied petition finding him statutorily ineligible for withholding. (Urbina-Mejia v. Holder, 3/5/10).
CA4 Finds Lack of Jurisdiction to Review Withholding of Removal Denial and CAT Claim
CA4 dismissed petition, finding lack of jurisdiction to review withholding of removal denials in cases involving certain criminal aliens and lack of jurisdiction over CAT claim due to petitioner’s failure to exhaust administrative remedies (Kporlor v. Holder, 3/5/10).
CA2 Remands, Finds Errors in Consideration of Political Persecution Claim
The court found that the treatment of Petitioner's claim of political persecution based on his act of reporting official corruption to an international human rights organization was based on substantial errors. (Carranza-Fuentes v. Holder, 3/2/10)
USCIS Memorandum on Ramos v. Holder: Former Gang Membership as Potential Social Group
This 03/02/10 USCIS Memorandum from Joseph E. Langlois provides notification to Asylum Offices of the Seventh Circuit’s decision in Ramos v. Holder, holding that former gang membership can form the basis for a particular social group.
USCIS Memo on Ramos v. Holder Decision Regarding Former Gang Membership
USCIS Asylum Division Chief John Langlois issued a memo to asylum office staff on 03/02/10 on the Seventh Circuit decision in Ramos v. Holder holding that a former gang membership can be the basis for a particular social group.
Asylum HQ Statistics, March 2010
At the 03/02/10, Asylum HQ meeting, the asylum office released statistics covering: asylum office workload, reasonable/ credible fear workload statistics, asylum applicants from Afghanistan & Iraq, and more.
EOIR FY2009 Statistical Year Book
EOIR announced that it has released its Fiscal Year 2009 Statistical Year Book. Hard copies of the publication are not currently available to the public, but a user-friendly version is available on the EOIR website.
Matter of S-E-G-, Visibility and Invisibility
AILA Amicus Committee alert on Matter of S-E-G by guest blogger Benjamin Casper, Director of the Pro Bono Litigation Project of the Immigrant Law Center of Minnesota, with Stephen Manning, AILA Amicus Committee chair.
CA2 Remands on Issue of “Government Acquiescence” under CAT
The court found that the BIA committed error in its review of the IJ’s factual findings and evidentiary record and remanded due to concerns with the BIA’s treatment of the “government acquiescence” standard under CAT (De La Rosa v. Holder, 2/25/10)
BIA Round Up: Recent Cases
AILA Amicus Committee alert on recent BIA cases, including Matter of Gamero, Matter of Diaz and Lopez, Matter of Neto, Matter of T-M-H and S-W-C, Matter of Morales, and Matter of Rose.
CA11 Remands Asylum Case Based on Analysis of In-Person Credible Death Threat
CA11 vacated and remanded asylum case, finding that a credible death threat made in person by one with the ability to carry out that threat rises to the level of persecution. (Diallo v. Holder, 2/19/10)
CA9 Finds Lack of Jurisdiction to Review BIA Discretionary Denial for Abuse of Discretion
CA9 found lack of jurisdiction to review for abuse of discretion BIA’s discretionary denial of petitioner’s motion to accept untimely brief because there is no meaningful standard against which to judge agency’s exercise of discretion. (Zetino v. Holder, 2/18/10)
BIA Establishes Temporary “Grace Period” for Weather-related Filing Delays
BIA affords temporary “grace period” for weather-related delays for filings due between 2/5/10 and 2/18/10.
Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock
Penn State Law’s Center for Immigrants’ Rights and AIC’s Legal Action Center released a new study, "Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock." The report addresses problems and solutions to perennial asylum clock problems.
CA6 Grants Withholding under INA and Denies CAT Claim in Police Abuse Case
CA6 granted withholding of removal under INA and denied CAT claim, holding that evidence compels finding that Algerian police abused petitioner for suspected political affiliation and that the abuse constituted persecution. (Haider v. Holder (2/10/10).
Parlak and the Persecutor Bar
AILA Amicus Committee alert on Parlak v. Holder.
Third Circuit – Social Group Analysis
AILA Amicus Committee alert on Valdaviezo-Galdamez v. Holder.