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 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)
CA2 Upholds 3-Part Test for Asylum Based on More than One Child
The court found that the well-founded fear requirement for more than one child in China must be decided on a case-by-case basis and that the BIA’s three-step evidentiary analysis did not increase the burden of proof. (Shao v. Mukasey, 10/10/08)
EOIR Fact Sheet on FOIA Request Filings
A 10/9/08 Fact Sheet outlines procedures for filing a FOIA request with EOIR.
CA9 Holds Non-Aggravated Felony Crimes Can Be Bars to Asylum and Withholding
The court deferred to the BIA’s interpretation that for purposes of withholding, the INA permits a determination that an applicant’s crime is particularly serious even though the crime is not an aggravated felony. (Delgado v. Mukasey, 10/8/08)
CA6 Finds a Birth of Two US Children Cannot Support MTR Asylum Claim
CA6 holds that, after a removal order is final for 90+ days, the exclusive avenue for relief is a motion to reopen and an additional asylum application is permissible if supported by changed country conditions, not changed personal circumstances. (Zhang v. Mukasey, 10/8/08)
White House Publishes Presidential Determination on FY2009 Refugee Admissions
President Bush’s Presidential Determination on Fiscal Year 2009 refugee admissions numbers and authorizations of in-country refugee status was published in the Federal Register. (73 FR 58865, 10/7/08)
CA9 Upholds Adverse Credibility Finding for Gay Guatemalan with One Dissent
CA9 declined to apply the law of the case for this claim that had been remanded once to the BIA, finding that it would constitute a manifest injustice, then held that the adverse credibility determinations were well supported by substantial evidence. (Martinez v. Mukasey, 10/6/08)
BIA Addresses Asylum and Resistance to Forced IUDs in China
The BIA held that the insertion of an IUD as part of China's family planning policy does not rise to the level of harm necessary to constitute “persecution” absent aggravating circumstances. Matter of M-F-W- & L-G, 24 I&N Dec. 633 (BIA 2008)
President Signs the Child Soldiers Accountability Act of 2008
On 10/3/08, President Bush signed into law the Child Soldiers Accountability Act of 2008 (PL 110-340). The law amends the Immigration and Nationality Act to render any alien who has recruited or used child soldiers inadmissible or deportable.
EOIR Issues Memo on Administrative Closure of Cases Pursuant to the ABC Settlement Agreement
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo on administrative closure of cases pursuant to the ABC settlement agreement. Special thanks to Matthew Hoppock.
Immigration Law Advisor, September 2008 (Vol. 2, No. 9)
Immigration Law Advisor with an article on identity and persecution in sexual orientation asylum claims, federal court activity for August 2008, an article on rebutting the “presumptive inference” from past to future persecution, AG/BIA precedent decisions, and a regulatory update.
CA1 Finds Lebanese Christian Failed to Show Likelihood of Persecution
The court upheld the BIA’s determination that the incidents of harassment Petitioner experienced in Lebanon did not rise to the level of persecution, and that Petitioner failed to show he would be in danger upon return. (El-Labaki v. Mukasey, 10/1/08)
CA1 Remands Economic Persecution Claim of Gay Indonesian Doctor
The court remanded the case for clarification of the standard the BIA used in rejecting Petitioner’s economic persecution claim. The IJ found that Petitioner had suffered past persecution because he was unable to earn a living. (Kadri v. Mukasey, 9/30/08)
AILA Comment on EOIR’S Proposed Rules for Professional Responsibility
AILA comment on the proposed rule, “Professional Conduct for Practitioners – Rules and Procedures, and Representation and Appearances,” stressing the need for greater clarity of standards for misconduct and the need to reexamine the disciplinary procedures.
Overview of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594)
AILA overview of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594), introduced by Senator Menendez (D-NJ)on 9/26/08.
Analysis of the Protect Citizens and Residents from Unlawful Raids and Detention Act
Section-by-section analysis of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594), introduced by Senator Menendez (D-NJ) on 9/26/08.
GAO Study on Quality Assurance in U.S. Asylum System
GAO released a report that addresses the extent to which quality assurance mechanisms have been designed to ensure adjudication integrity, as well as the key factors that affect asylum officer and immigration judge adjudications.
GAO Reports on Factors Affecting Variability in Asylum Outcomes
A GAO report found significant variation in asylum outcomes across immigration courts and judges, with nine factors affected variability in asylum outcomes.
CA1 Upholds Asylum Denial Based on Lack of Nexus under REAL ID
The court found insufficient evidence to conclude that Petitioner’s family was targeted for political reasons, and that REAL ID added two elements to the burden of proof: 1) the one central reason standard, and 2) corroborating evidence. (Singh v. Mukasey, 9/25/08)
DOJ Announces Opening of Kansas City Immigration Court
DOJ announced the opening of the Kansas City immigration court on 9/29/08.
USCIS Fact Sheet on New Policy of ABC Registration Determinations After Chaly-Garcia v. U.S.
USCIS released a fact sheet and Q&As on ABC registration determinations after Chaly-Garcia v. U.S
Attorney General Vacates Denial of Withholding Claim Based on FGM
The Attorney General vacated BIA decision denying a Malian woman’s claim for withholding and remands for reconsideration of questions relating to her eligibility for withholding based on the claim that she was subjected to female genital mutilation. Matter of A-T-, 24 I & N Dec. 617 (AG 2008)
CA7 Upholds Adverse Credibility Finding Despite IJ Errors; 1 Judge Dissents
The court held that notwithstanding the IJ’s mistakes, the balance of the evidence relied on by the IJ supported the adverse credibility finding. (Musollari v. Mukasey, 9/19/08)
CA8 Finds Cameroonian Widows Constitute a Particular Social Group
The court held that the BIA erred in rejecting the social group of Cameroonian widows, finding that they share an immutable characteristic and are viewed by society as members of a social group. (Ngengwe v. Mukasey, 9/18/08)