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
AILA Liaison/NSC Meeting Minutes (11/20/08)
NSC Liaison's 11/20/08 meeting minutes address “other” product lines, such as I-130s, I-751s, I-131s, I-102s, I-602s, and more.
CA9 Holds Undisputed Admission of Entry Date Satisfies One-Year Deadline
Finding that it had jurisdiction to determine the timeliness of the asylum application as a question of law, CA9 held that a judicial admission of an entry date within one year of filing an asylum application was an undisputed fact. (Hakopian v. Mukasey, 11/19/08)
CA8 Upholds Finding of Improved Conditions in Mauritania; Rejects Asylum
CA8 held that significant discrepancies in the record and lack of evidence supported IJ’s adverse credibility determination. It upheld the IJ’s determination that improved conditions in Mauritania rebutted any presumption of a well-founded fear based on past harm. (Sow v. Mukasey, 11/19/08)
CA9 Overturns One-Year Deadline Denial in Iranian Asylum Case
The court found that it has jurisdiction to consider the timeliness of the asylum application because it was a mixed question of law and fact.(Khunaverdiants v. Mukasey, 11/18/08)
DOS Fact Sheet on Fraud in Africa "Priority Three" Program
DOS fact sheet on fraud within the “Priority Three” program, which grants U.S. Refugee Admissions Program access to certain individuals claimed as a parent, spouse, or minor child by certain legal residents in the U.S. The fact sheet specifically addresses fraud from Africa.
CA6 Upholds Negative Credibility Finding Based on Blatant Overstatement
The court noted that the failure to include every detail in an asylum application should not be fatal to an asylum claim, but held that blatant overstatement of the dangers in the Ivory Coast was sufficient to support a negative credibility determination. (Kaba v. Mukasey, 11/13/08)
CA2 Vacates Adverse Credibility and Persecutor Bar in Russian Claim
The court could not determine the basis for the adverse credibility determination and remanded. The court also held that substantial evidence did not support the persecutor bar. (Balachova v. Mukasey, 11/12/08)
CA10 Upholds MTR Asylum Denial Based on Change in Personal Circumstances
CA10 upheld the BIA finding of failure to present new evidence of changed conditions in China re coercive population control measures. It also held that a change in personal circumstances, a fourth pregnancy, could not support an untimely motion to reopen. (Wei v. Mukasey, 11/7/08)
USCIS Releases Summary of 2008 Accomplishments
An 11/6/08 USCIS news release and fact sheet on strides taken in 2008 provide data on completed naturalization applications, reductions in the FBI name check backlog, increased participation in E-Verify and more.
CA11 Denies Asylum to Eritrean Army Deserter Based on Lack of Credibility
The court held that the record did not compel a finding of past persecution because substantial evidence supported the IJ’s and BIA’s adverse credibility finding. (Mohammed v. U.S. Att’y Gen., 11/5/08)
BIA Finds Asylum Filing Window Begins Upon Arrival from Most Recent Trip Abroad
The BIA held that for calculating the time between the arrival in the U.S. and the date when an asylum application was filed, the term “last arrival” should be interpreted literally to mean the alien’s most recent arrival from a trip abroad. Matter of F-P-R-, 24 I&N Dec. 681 (BIA 2008)
CA10 Holds “Frivolous” Notice on Asylum Form Alone Complies with Statute
The court concluded as a matter of law that the written notice of the penalty for filing a frivolous asylum application contained on form complied with INA §208(d)(4)(A) and provided Petitioner with the notice he was entitled to. (Ribas v. Mukasey, 11/4/08)
CA8 Finds Lari Ethnic Group to Be a Particular Social Group for Asylum
The court granted withholding, concluding that the Lari ethnic group of the Kongo tribe is a particular social group because members share a common dialect. (Malonga v. Mukasey, 11/3/08)
CA7 Upholds Frivolousness Finding in Pakistani Asylum Case
CA7 held that a finding of frivolousness is not an exercise of discretion and thus it has jurisdiction to review the agency’s finding. it upheld the frivolousness finding, noting that Petitioner knew his allegations of murder of his wife and son were false. (Siddique v. Mukasey, 10/31/08)
CIS Ombudsman Releases Comments and Q&As on Biological Relationship Testing
USCIS provided the CIS Ombudsman's office with answers to questions posed at a 10/30/08 teleconference on biological relationship testing.
NSC Liaison Committee Fall Meeting Q&A with NSC (10/29/08)
These recently released Q&As from the Nebraska Service Center Fall Meeting from October 2008 cover subjects such as I-140 "wrong box" issues, I-140 denials, I-140 security checks, I-140 interfiling, re-entry permits, EADs, I-824s, attorney change of address, NSC mailroom tips, and more.
Report on the Difficulties of Asylum Claims Based on Sexual Orientation
The Migration Policy Institute (MPI) highlights prevailing issues in asylum claims based on sexual orientation, and looks ahead to important decisions that have been remanded to the BIA for reconsideration.
CA7 Relies on Airport/Credible Fear Interview to Uphold Adverse Credibility
The court found the credible fear interviews reliable because a translator was present. Although Petitioner claimed she did not mention the forced abortion due to shame, the court held that the explanation did not overcome the level of deference due. (Xiao v. Mukasey, 10/27/08)
EOIR Fact Sheet on Representation of Aliens in Immigration Proceedings (Updated 10/28/08)
Executive Office for Immigration Review Fact Sheet discusses who may provide legal services at immigration proceedings.
DOS Report on Major Refugee Activities for FY2008
The DOS Bureau of Population, Refugees and Migration summary of major activities for FY2008 includes data on refugee admissions and budget expenditures.
AILA Liaison/NSC Meeting Minutes (10/23/08)
NSC 10/23/08 meeting minutes address the Asylee/Refugee product lines. Topics include: I-730s, I-94s related to DMV documents and SS, I-102s, I-485s, I-602s, I-765s, AFM, birth certificates, vaccines, communicable diseases, ability to pay, medicals, RFEs, NOIDs, MTRs, security checks, and G-28s.
CA7 Upholds Denial of Adjustment Due, in Part, to Asylum Fraud
CA7 held that it lacks jurisdiction to review a denial of a continuance, unless denial would result in nullifying the statutory opportunity to adjust status. The court upheld the denial of the continuance based on past conduct (lying to the asylum officer). (Malik v. Mukasey, 10/23/08)
CA2 Finds BIA Failed to Make Individualized Analysis of Changed Conditions
The court held that the BIA failed to address the evidence of continued persecution of Serbian minorities in Montenegro and failed to conduct an individualized analysis of changed conditions. (Alibasic v. Mukasey, 10/17/08)
CA1 Upholds IJ's Negative Credibility Finding in Albanian Asylum Claim
The court found that the cumulative effect of inconsistencies regarding the beating Petitioner suffered and his lack of knowledge of Albanian politics were sufficient to support the IJ’s negative credibility finding. (Bebri v. Mukasey, 10/17/08)
CA6 Finds that an Aggravated Felony Crime of Violence is not Equivalent to §212(a) CIMT
Court concludes the Cambodian petitioner is not eligible for INA§ 212(c) relief, as an aggravated felony crime of violence ground for removal is not substantially equivalent to a CIMT ground for exclusion such that the two could be statutory counterparts. (Thap v. Mukasey, 10/15/08)