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
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)
CA9 Rejects Adverse Credibility Finding in Iraqi Chaldean Asylum Case
CA9 rejected the bases for the negative credibility determination: unlikelihood of withstanding the pressure of the Ba’ath party, failure to mention her rape in her asylum application, and failure to explain the consequences of her leg infection. (Mousa v. Mukasey, 6/27/08)
CA9 Reverses Adverse Credibility Finding and IJ’s Exclusion of Witnesses
The court held that substantial evidence did not support the adverse credibility finding because the components of that determination were neither substantial nor did they go to the heart of Petitioner’s asylum claim. (Morgan v. Mukasey, 6/25/08)
Stakeholder/USCIS Q & As (6/24/08)
The Q&As address I-131s and fingerprinting, Naturalization study guide, N-400 adjudicator training, N-400s, translation of Naturalization test materials, I-730s, I-102s, fee waivers, and more.
IJ Grants Exception for One-Year Filing Deadline for Asylee
The IJ found exceptional circumstances existed and granted asylum to an Indonesian Christian ministor, despite the applicant’s failure to file within one year. Courtesy of Sun Jin Jung.
Iraqi Refugee Admissions Fact Sheet
A 6/23/08 USCIS Fact Sheet on Iraqi refugee admissions details the number of Iraqis referred to the U.S. Refugee Admissions Program, the number of interviews conducted by USCIS, the number of approvals, and the number of approved applicants admitted to the U.S. for FY2007 and FY2008 through 6/4/08.
AILA Liaison/NSC Q & As on Refugee & Asylee Issues (6/19/08)
Q & As from 6/19/08 NSC teleconference on Refugee/Asylee issues address processing times, re-entry permits for refugee/asylee green card holders, I-730s, adjustments, Iraqi special immigrants, Liberian applicants, material support, I-693 medical exams, EADs and more.
CA2 Remands CAT Claim Due to IJ’s Remarks about Homosexuality
The court found that the IJ’s comments were disrespectful to Petitioner and reflected an impermissible reliance on preconceived notions about homosexuality. (Ali v. Mukasey, 6/18/08)
CA7 Questions Reasonableness of Internal Relocation in Afghanistan
CA7 found that substantial evidence did not support the IJ’s determination that an asylum seeker could reasonably relocate within Afghanistan to avoid future harm. The court noted no one explained how it would be possible for Petitioner to safely relocate. (Oryakhil v. Mukasey, 6/17/08)
DHS Issues Revised Information Collection for Affidavit of Support Form
DHS revised information collection for Form I-134, Affidavit of Support. Comments are due 7/17/08. (73 FR 34307, 6/17/08)
CA9 Upholds Denial of Asylum for Failure to Meet 1-Year Deadline Exception
CA9 found jurisdiction to review the denial of asylum based on the one-year deadline under the REAL ID Act, but held that where there was no explanation for the delay in filing, a 364-day wait after his lawful status expired was not a reasonable period. (Husyev v. Mukasey, 6/16/08)
EOIR Final Rule on Expansion of BIA and Temporary Board Members
EOIR issued a final rule amending regulations to add four Board member positions, expanding the Board to 15 members, and expanding the list of people eligible to serve as temporary Board members, effective immediately. (73 FR 33875, 6/16/08)
USCIS Releases New Pamphlet for Potential Asylum Applicants
Pamphlet from the Asylum Division of the U.S. Citizenship and Immigration Service (USCIS) for potential asylum applicants includes a basic overview of the affirmative asylum program and Frequently Asked Questions.
CA2 Remands Adverse Credibility Finding In Falun Gong Case
The court remanded the case in light of its recent decisions indicating that certain inquiries or findings are necessary before the agency can hold that vague or unauthenticated evidence is not credible. (Li v. Mukasey, 6/13/08)
BIA Finds Error in Credibility Standard, Remands Allowing for New Evidence in Asylum Claim
The BIA held that the IJ erred in applying the Real ID Act to a case where respondent filed asylum application based on membership in a social group defined by a disability, in this case, deaf and mute children, prior to the effective date of the Act. Courtesy of Geoffrey Hoffman.
Text of “Secure and Safe Detention and Asylum Act”
On 6/11/08, a bipartisan group of Senators introduced legislation to ensure humane treatment for asylum seekers and other detained immigrants. The “Secure and Safe Detention and Asylum Act” (S. 3114), is sponsored by Senators Lieberman (ID-CT), Brownback (R-KS), Kennedy (D-MA), and Hagel (R-NE).
CA2 Criticizes Matter of A-T-; Remands FGM Cases
The court held that the BIA erred in the application of the withholding regulations when it denied relief to three women who had experienced past FGM. The court declined to follow the reasoning and holding of A-T-. (Bah v. Mukasey, 6/11/08)
CA3 Denies CAT Relief to Haitian for Failure to Show Specific Intent to Torture
The court concluded that CAT relief requires a showing of specific intent, that the torturer has the motive and purpose to cause pain or suffering, before it can find that an applicant will be tortured. (Pierre v. Att’y Gen. of U.S., 6/9/08)
CA2 Remands for Finding on Persecutor’s Awareness of U.S. Activities
The court remanded Petitioner's withholding claim for the IJ to consider whether authorities were aware or were likely to become aware of Petitioner’s political activities in the U.S. (Leng v. Mukasey, 6/6/08)
CA9 Remands Frivolous Asylum Finding for BIA to Address Issues
The court remanded the case for the BIA to determine if the language of INA §208(d)(6) requires the IJ to make a final determination on the merits of the asylum application, or only requires the IJ to make a final determination that the application was frivolous. (Chen v. Mukasey, 6/3/08)
Lautenberg Parolees are Eligible for an Individual Fee Waiver for Form I-485
Liaison has been notified by USCIS that Lautenberg parolees are eligible for an individual fee waiver for Form I-485.
DOS Releases Latest Figures on Iraqi Refugee and SIV Admissions
DOS released the latest figures on Iraqi refugee admissions. The data reflects Iraqi refugee and Special Immigrant Visas (SIVs) admissions from January through May 2008.