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
BIA Dismisses Appeal Further Limiting Definition of Particular Social Group
The BIA agreed with the Immigration Judge who found that Salvadoran youth who refused recruitment into the MS-13 criminal gang or their family members does not constitute a particular social group. Matter of S-E-G-, et al., 24 I&N Dec. 579 (BIA 2008)
EOIR Publishes Proposed Rule on Professional Conduct for Practitioners
EOIR published a proposed rule to change the rules and procedures concerning standards of representation and professional conduct for attorneys and practitioners appearing before immigration judges and the Board of Immigration Appeals. (73 FR 44280, 7/30/08)
BIA Holds That Resistance to Gang Membership and Perceived Gang Affiliation Do Not Constitute PSGs
The BIA held that the respondent failed to show membership in a particular social group (PSG) of “persons resistant to gang membership,” because Honduran society and gang members would not view those opposed to gang membership as a social group. Matter of E–A–G–, 24 I&N Dec. 591 (BIA 2008)
CA10 Reverses Finding of No Past Persecution in Case of Armenian Journalist
CA10t reversed the finding that Petitioner’s mistreatment amounted to no more than hostile actions by people adversely affected by the news media, holding that official retaliation against one who threatens to expose govt corruption may amount to persecution. (Hayrapetyan v. Mukasey, 7/28/08)
CA9 Defines “One Central Reason” in Mixed-Motive Asylum Claim
CA9 held that previous mixed-motive jurisprudence is superseded by the REAL ID Act and the new “one central reason” standard. It defined a “central” reason as of primary importance to the persecutors, essential to their decision, and a cause of their’ act. (Parussimova v. Mukasey, 7/24/08)
CA2 Finds BIA Erred in Changed Country Conditions Analysis
The court found that the inference that Petitioner no longer had a well-founded fear was based entirely on a report that detailed general improvements in the Congo, but conflict persisted in Petitioner’s hometown. (Passi v. Mukasey, 7/23/08)
IJ Grants CAT Relief to Rape Victim from Vietnam
IJ grants CAT relief to an LPR convicted of an aggravated felony, based on grounds that the foreign national would be in danger of being subjected to torture if she were returned to Vietnam as she was a victim of repeated rape. Courtesy of John Ovink.
DHS Publishes 2007 Refugee and Asylee Data
DHS July 2008 Office of Immigration Statistics report on the number of persons admitted to the United States as refugees or granted asylum in the United States in 2007.
DHS Report on Admitted Refugees and Asylees in 2007
DHS released a report on the number and characteristics of persons admitted as refugees or granted asylum to the United States in fiscal year 2007.
CA2 Finds Credibility Precedent Abrogated by REAL ID Act
The court found that its prior holding in Secaida-Rosales, that an IJ may not base credibility on collateral inconsistencies and omissions, was abrogated by the REAL ID Act and that an IJ may rely on any inconsistency or omission. (Lin v. Mukasey, 7/21/08)
USCIS Releases Fact Sheet on Iraqi Refugee Processing (7/15/08)
USCIS released a 7/15/08 Fact Sheet on Iraqi Refugee Processing. Statistics are provided through 7/2/08.
USCIS Extends Validity Period of EADs for Refugees
In a 7/11/08 Update, USCIS announced that it is extending the validity period of initial EADs for refugees.
CA10 Finds Mayan Poverty/Discrimination in Guatemala Not Basis for Asylum
The court upheld the IJ’s denial of two asylum claims finding that the economic disadvantages shown were not so severe as to threaten life or freedom. (Vicente-Elias v. Mukasey, 7/11/08)
Asylum HQ Liaison Meeting (6/17/08)
Minutes of the June 17, 2008 Headquarters Asylum Office meeting with NGOs, discussing such topics as the Hold Memo, material support to AUC, new asylum pamphlet, Credible Fear/Reasonable Fear statistics, Asylum office workload statistics, Material Support, and more. AILA Doc. No. 08071069.
USCIS Statistics for Asylum Applications from January to June 2008
USCIS has released the statistics for asylum applications from January to June 2008. The statistics include asylum office workload, credible fear, Iraqi asylum applications, material support, NACARA cumulative report, reasonable fear report, referrals information, and more.
USCIS Referral Document Regarding Issuance of NTAs to Asylum Applicants
USCIS has released a referral document which explains the process for issuance of Notice to Appear (NTA) documents to asylum applicants. The document breaks down the process that the Asylum Office is required to take when submitting a decision to an asylum applicant.
USCIS Q & As on Biometric Changes for Re-entry Permits and Refugee Travel Documents
On 7/9/08 USCIS released Q & As on the revised instructions to Form I-131, Application for Travel Document. The changes require applicants for re-entry permits and refugee travel documents to provide biometrics at a USCIS Application Support Center.
CA2 Finds Jurisdiction to Review “Particularly Serious Crime” Determination
The court found jurisdiction to review whether Petitioner was convicted of a “particularly serious crime” for purposes of asylum and withholding because the determination is not within the discretion of the Attorney General. (Nethagani v. Mukasey, 7/9/08)
CA7 Finds Changed Conditions in Chinese One-Child Asylum Claim`
The court held that Petitioner met her burden of showing changed conditions in the Fujian Province regarding the one-child policy and was entitled to have her removal proceeding reopened. (Lin v. Mukasey, 7/8/08)
CA9 Holds Voluntary Return Trips Home Support Adverse Credibility Finding
Noting that an asylum applicant’s history of returning to his home country militates against a finding of past persecution or a well-founded fear, CA9 found that Petitioner’s two voluntary returns to Indonesia supported the IJ’s adverse credibility finding. (Loho v. Mukasey, 7/8/08)
CA7 Finds It Lacks Jurisdiction to Review a MTR Based on Changed Conditions
The court found that, because discretionary decisions now may be reviewed when they entail constitutional claims or questions of law, there is nothing incongruous about the consolidation rule in INA §242(b)(6). (Kucana v. Mukasey, 7/7/08)
CA8 Upholds Denial of Asylum for Christian Palestinian Family
The court found that Petitioners’ difficulties in the Palestinian territory were part of a general state of unrest and did not qualify as persecution.(Al Yatim v. Mukasey, 7/3/08)
AILA Position Paper: Alternatives to Detention
AILA’s Position Paper in support of creating community-based alternatives to detention programs that allow individuals, including vulnerable populations, to be released from detention.
CA7 Remands Video Conference Asylum Hearing for Review of Key Evidence
The court found that the use of video conferencing for immigration hearings facially comported with due process. The court held, however, that Petitioner was entitled to a new hearing because she was not able to review key evidence. (Raphael v. Mukasey, 7/2/08)
CA10 Finds BIA Failed to Properly Apply the “Clearly Erroneous” Standard
The court noted that under 8 CFR §1003.1(d)(3)(i), the BIA is required to review the IJ’s factual findings only for clear error. The court held that the BIA’s rigorous review of the IJ’s credibility determination exceeded the bounds of clear error review. (Kabba v. Mukasey, 7/1/08)