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 Cambodian Asylum Denial for Lack of Nexus
The court held that substantial evidence indicated that Petitioner was not targeted on account of one of the protected statutory grounds, where he admitted that he had been mistreated for enforcing a ban on illegal fishing. (Nou v. Mukasey, 9/18/08)
Sen. Menendez and Rep. Honda Introduce the Reuniting Families Act (S. 3514)
On 9/18/08, Senator Menendez (D-NJ) introduced the Reuniting Families Act (S. 3514), a bill aimed at promoting family unity in the immigration system. A companion bill (H.R. 6938) was introduced in the House by Rep. Honda (D-CA).
CA9 Reverses Armenian Asylum Denial and Finds IJ Erred on Fingerprints
CA9 held that an Armenian who was threatened, beaten, and detained because of mixed ethnicity and political opinion, was statutorily eligible for asylum, and found that the IJ abused discretion in denying a continuance to comply with fingerprint requirements. (Karapetyan v. Mukasey, 9/16/08)
CA9 Finds Pattern of Persecution of Homosexual Men in Jamaica
The court found a pattern or practice of persecution of gay men in Jamaica and remanded Petitioner’s withholding claim. The court also remanded his CAT claim in light of the government’s acquiescence and involvement in the torture of gay men. (Bromfield v. Mukasey, 9/15/08)
DHS/DOS Joint Statement on Iraqi Refugee Processing in FY 2008
On 9/12/08 DHS and DOS released a joint statement announcing that the U.S. admitted 12,000 Iraqi refugees through the U.S. Refugee Admissions Program during fiscal year (FY) 2008. The statement is followed by a fact sheet. AILA Doc. No. 08091268.
AILA Liaison/TSC Meeting Minutes (09/11/08)
The 09/11/08 meeting minutes address TSC’s latest updates, follow ups, biometrics, split derivatives, turning 14 mid-stream, mailroom rejections, RFEs, I-140 Priority Date retention, I-140 denials without RFEs, RFEs on Household Workers, e-filed I-140s, I-765 processing times and more.
IJ Grants Asylum to Children of a Particular Family Who Where Physically Abandoned
IJ finds that Honduran children merit a grant of asylum on humanitarian grounds with the social group defined as members of a particular family who were physically abandoned by their parents. Courtesy of David Sperling.
CA9 Rejects Social Group Claim in Salvadoran Gang-Related Asylum Claim
The court upheld BIA’s finding that Petitioner’s fear based on family membership was not well-founded. It also upheld the BIA’s rejection of “young [men] in El Salvador resisting gang violence” as a social group due to lack of particularity and visibility. (Santos-Lemus v. Mukasey, 9/8/08)
CA6 Reverses Adverse Credibility Finding for Relying on AO’s Assessment
The court held that the substantial evidence did not support the BIA’s adverse credibility finding because it was based on an Asylum Officer’s (AO’s) Assessment to Refer which lacked standard indicia of reliability. (Koulibaly v. Mukasey, 9/4/08)
USCIS Monthly Newsletter for August 2008
USCIS released their newsletter for August 2008, which includes a message form USCIS Acting Director Jonathan Scharfen about a visit to USCIS Refugee Corps officers abroad, an interview with an adjudications officer in the Orlando Field Office, FAQs on Refugee/Asylee relative petitions and more.
CA1 Finds BIA Erred in Finding Firm Resettlement
The court remanded the case to the BIA to determine the significance of an expired residence stamp in Petitioner’s passport, and whether it constituted an offer of permanent residence in a third country. (Bonilla v. Mukasey, 8/25/08)
CA3 Remands for Ineffective Assistance and Claim Based on New International Treaty
The court found that Petitioner sufficiently addressed the steps under Lozada to proceed with his ineffective assistance claim and remanded for the BIA to consider how U.S. law complies with the Convention Against Transnational Organized Crime. (Rranci v. Att’y Gen. of the U.S., 8/22/08)
CA9 Remands Sierra Leonean Case for Consideration of Humanitarian Asylum
CA9 upheld the finding that country conditions that affected Petitioner in Sierra Leone had improved. The court, however, rejected the BIA’s discretionary denial of humanitarian asylum, finding that the failed to consider the harm to Petitioner’s family. (Sowe v. Mukasey, 8/19/08)
CA9 Finds BIA Cannot Cure Legal Error in Later Motion to Reopen
The court held that the BIA erred as a matter of law when it construed that Petitioner’s properly raised CAT claim was abandoned, and that the BIA could not cure this legal error in its subsequent consideration of Petitioner’s motion to reopen. (Doissaint v. Mukasey, 8/18/08)
CA9 Denies MTR of Iranian Who Claimed Conversion to Christianity
CA9 upheld denial of a motion to reopen for adjustment of status, finding that it was rightly rejected as barred by the 90-day deadline, as well as the rejection of the claim of changed circumstances in Iran, finding that the new evidence was not material. (Toufighi v. Mukasey, 8/18/08)
CA2 Rejects Changed Personal Circumstances for MTR
The court found that the BIA did not abuse its discretion in denying Petitioners’ motions to reopen, finding the birth of additional children to be a change in personal circumstances, not country conditions under 8 CFR §1003.2(c)(3)(ii). (Jin v. Mukasey, 8/15/08)
CA8 Denies Asylum to Nigerian Christian Soccer Player, Upholds MTR Denial
The court held that there was substantial evidence to support the finding that Petitioner did not suffer past persecution because he did not know who shot him and did not report the shooting.(Alanwoko v. Mukasey, 8/14/08)
CA8 Finds Delay in Asylum Filing Does Not Impact Severity of Persecution
The court held that the evidence of arrests, threats and beatings compelled a finding of past persecution. The court disagreed with the IJ’s reasoning that the abuse suffered was rendered less significant because Petitioner did not seek asylum earlier.(Cooke v. Mukasey, 8/14/08)
CA7 Upholds Adverse Credibility Finding, Denies Sierra Leonean Asylum Case
The court rejected Petitioner’s arguments that 1) the IJ erred in refusing to admit country reports, 2) the BIA erred by taking administrative notice of a 1993 country report, and 3) the IJ exhibited bias. (Sankoh v. Mukasey, 8/13/08)
CA4 Remands Asylum Case Due to Confidentiality Breach and Due Process Denial
CA4 found that petitioner's right to confidentiality under 8 CFR §208.6 was violated and that she should be given the chance to present new claims based on this breach. The court held that the IJ’s consideration of a DOS letter violated her due process rights. (Anim v. Mukasey, 8/11/08)
USCIS Lesson Plan Overview: Reasonable Fear of Persecution and Torture Determination
USCIS provides the Asylum Officer Basic Training Court on reasonable fear of persecution and torture determination to explain when reasonable fear screenings are conducted and how to determine whether an individual has a reasonable fear of persecution or torture using the appropriate standard.
CA8 Holds No Constitutional Right to Effective Assistance of Counsel
The court held that there was no constitutional right under the Fifth Amendment to effective assistance of counsel in removal proceedings and that the BIA did not abuse its discretion when it refused to reopen Petitioner’s asylum case.(Rafiyev v. Mukasey, 8/5/08)
Langlois Memo on Making ABC Registration Determinations
An 8/5/08 memo from Joseph Langlois, Chief, Asylum Division, USCIS adopts the Chaly-Garcia v. U.S. decision on evidence of ABC registration as policy. Courtesy of Thad Servi.
CA8 Upholds Denial of Withholding Based on Fear of FGM to US Citizen Child
The court held that a parent may not bring a derivative claim for withholding based upon the fact that her child would be subjected to future persecution. (Gumaneh v. Mukasey, 8/1/08)
BIA Finds Applicant Not “Lawfully Resided” for Purposes of 212(h) Waiver
The BIA held that respondent had not “lawfully resided” in the U.S. for purposes of qualifying for a 212(h) waiver during any periods where he was an applicant for asylum or adjustment and lacked any other basis on which to claim lawful residence. Matter of Rotimi, 24 I&N Dec. 567 (BIA 2008)