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
Asylum Cases Subject to Referral to Headquarters
AILA Liaison recently acquired the following referral sheet from Asylum headquarters. The referral sheet lists the type of asylum cases that are subject to referral to asylum headquarters.
Asylum Field Office Statistics
At its last meeting with AILA’s Refugee Asylum and International Operations (RAIO) Liaison Committee, RAIO provided the following statistics from USCIS asylum field offices for Form I-589s.
IJ Finds Applicant Was Improperly Placed in Proceedings
The IJ granted motion to terminate proceedings, persuaded that the asylum applicant was improperly placed in removal proceedings prior to the adjudication of a previously filed asylum application. Courtesy of Geoffrey Hoffman.
CA9 Clarifies the One-Year Deadline for Asylum Application
The court held that the first day of the one-year period for filing an asylum application is the day after the applicant arrived in the U.S. For example, if applicant arrived on April 9, the deadline for application is April 9 of the following year, not April 8. (Minasyan v. Mukasey, 1/20/09)
CA9 Interprets Social Group “Membership”
The court held that social group is largely based on “immutable” characteristics or characteristics “fundamental” to group’s identity. Specifically, the court reviewed claim of police persecution for being a supporter of the Roma ethnic minority in Bulgaria. (Donchev v. Mukasey, 1/16/09)
CA6 Upholds Adverse Credibility Determination Based on Inconsistencies
The court held the IJ’s adverse credibility determination was supported by substantial evidence, and denial of withholding of removal was warranted where credibility of applicant had not been established. (Shan Sheng Zhao v. Mukasey, 1/16/09)
EOIR Fact Sheet on Asylum, Withholding of Removal and CAT
A 1/15/09 EOIR fact sheet provides basic information on asylum and withholding of removal relief, as well as Convention Against Torture (CAT) protections.
CA2 Remands Asylum Based on Persecution by Local Authorities
The court held that the IJ erred as to the timeliness of the petitioner’s application for asylum and in finding that the petitioner had not testified credibly in support of his claims, and remanded the case for further review (Zheng v. Mukasey, 1/13/09)
CA1 Finds No Well-Founded Fear in Haitian Asylum Claim
The court found that past threats and violence did not rise to the level of persecution, and considered several return trips to Haiti, the continued safety of family, and changed political conditions in finding no well-founded fear. (Ravix v. Mukasey, 1/12/09)
Immigration Law Advisor, December 2008 (Vol. 2, No. 12)
Immigration Law Advisor with an article on new developments on TRIG exemptions, federal court activity for November 2008, article on the top 20 federal immigration decisions of 2008, and legislative and regulatory updates.
USCIS Publishes Revised Information Collection on Form G-646
USCIS revised information collection on Form G-646, Sworn Statement of Refugee Applying for Admission to the United States. Comments are due 1/30/09. (73 FR 80420, 12/31/08)
Scialabba Memo on Child Soldiers Accountability Act
A 12/31/08 memo from Lori Scialabba, Associate Director, Refugee, Asylum and International Operations Directorate, USCIS, provides notification and a brief overview of the provisions of the Child Soldiers Accountability Act of 2008 (CSAA).
Asylum HQ Liaison Meeting (12/9/08)
Minutes of the December 9, 2008, Headquarters Asylum Office meeting with NGOs, discussing such topics as credible fear statistics, asylum office workload statistics, Iraqi asylum statistics, pilot program allowing asylum officers to grant asylum at credible fear interview stage, and more.
BIA Reopens Proceedings for Ethiopian Asylum Seeker
In an unpublished decision, the BIA held that material evidence of changed country conditions demonstrated prima facie eligibility for relief for Ethiopian asylum applicant. Courtesy of Geoffrey A. Hoffman.
Langlois Memo on Credible Fear Quality Assurance Review
A 12/23/08 memo from Joseph Langlois, Chief, Asylum Division, USCIS, modifies the categories of credible fear determinations that must be sent to the Asylum Division Training, Research, and Quality (TRAQ) Branch for quality assurance review prior to the issuance of a final determination.
BIA Finds Request for Corroboration Improper, Adverse Credibility Analysis Inadequate
In an unpublished decision, the BIA held that the asylum applicant from Turkmenistan, persecuted on account of religion and ethnicity, adequately explained the failure to provide corroborating evidence. Also finds IJs adverse credibility determination was inadequate. Courtesy of Harry Asatrian.
AG Mukasey Swears in New Members of the BIA
On 12/15/08 the DOJ announced that Attorney General Mukasey administered the oath of office to five new members of the Board of Immigration Appeals: Charles K. Adkins-Blanch, Anne J. Greer, Garry D. Malphrus, Hugh G. Mullane, and Linda S. Wendtland.
CA1 Rejects Due Process Claims in Colombian Asylum Case
The court rejected Petitioner’s claims that the IJ erred in failing to initiate a competency hearing and that the BIA incorrectly affirmed the adverse credibility finding. (Muñoz-Monsalve v. Mukasey, 12/12/08)
IJ Thomas Snow to Serve as Acting Chief Immigration Judge
In a 12/10/08 press release, DOJ announced that Immigration Judge Thomas Snow will serve as acting Chief Immigration Judge as of 1/5/09.
EOIR Swears in Immigration Judge in Omaha
On 11/5/08 EOIR announced that Jack L. Anderson was sworn in to serve at the Omaha Immigration Court.
Human Rights First Report on the U.S. Asylum System
Human Rights First issued a report, "How to Repair the Asylum System: Blueprint for the Next Administration," which includes recommendations on detention, gender-based persecution, and the one-year filing deadline for filing an asylum application.
CA11 Determines Whether Procedural Errors Are Prejudicial, Sets Standards to Prove Torture
CA11 held it can review due process violations, but petitioner failed to establish that the outcome of his removal hearing would have been different. Applicants have to prove torture by the government to be eligible for withholding of removal under CAT. (Gardner v. Attorney General, 12/4/08)
Supreme Court Will Review Stay Standard
The Supreme Court granted certiori in Nken v. Mukasey and will review the standard governing a stay of removal pending consideration of a petition for review.
CA3 Remands Denial of MTR for Asylum Claim Based on One-Child Policy
The court noted that the BIA must consider the evidence and arguments set forth in motions to reopen and found that the BIA abused its discretion by failing to identify or discuss statements and evidence in support of Petitioners’ motions to reopen. (Zheng v. Att’y Gen. of the U.S., 11/26/08)
CA4 Finds IJ Erred in Denying Asylum as a Matter of Discretion
The court set forth a list of non-exhaustive factors that IJs should consider when determining if an individual merits asylum as a matter of discretion.(Zuh v. Mukasey, 11/25/08)