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
CA7 Relies on Pakistani Minor’s Airport Statement to Deny Asylum
CA7 found material inconsistencies between Petitioner’s airport statement and his testimony at his asylum hearing. It noted that the airport interview had many markers of reliability, including transcript, questions about fear of return, and a translator. (Chatta v. Mukasey, 4/21/08).
CA7 Finds Jurisdiction without Final Order; Holds 1-Yr. Bar Not Reviewable
The court found that the absence of a final order of removal was not dispositive and looked to the statutory definition of “order of deportation.” The court, however, declined to review petitioners’ asylum denial based on the one-year deadline. (Jimenez-Viracacha v. Mukasey, 3/3/08)
DOS Briefing on Developments in the Iraqi Refugee Admissions Program
DOS held a briefing on the status of the Iraqi Refugee Admissions Program. Ambassador James Foley, Senior Coordinator for Iraqi Refugee Issues, discussed the number of Iraqis resettled in the U.S. in 2007-08, and the number of interviews that will be carried out by the end of the year.
CA8 Upholds Adverse Credibility Finding in Nigerian Asylum Claim
The court held that the IJ offered an adequate explanation for the adverse credibility assessment, and upheld the IJ’s finding that Petitioner failed to make an effort to obtain the most basic corroborating information, such as proof of his Ogoni ethnicity. (Osonowo v. Mukasey, 4/7/08)
CA7 Finds IJ Erred in Finding No Past Persecution in Romanian Claim
The court held that the IJ applied an incorrect legal standard in determining that Petitioner had not suffered past persecution as a result of a genital beating. The court held that the IJ erred by requiring Petitioner to show he had been “seriously harmed.” (Irasoc v. Mukasey, 4/3/08)
AILA Liaison/EOIR Q&As (4/3/08)
The EOIR provides answers to AILA Liaison agenda item questions from the 4/3/08 meeting. Topics discussed include the ICPM, telephonic hearings, venue and related bond issues, biometrics and security clearances, asylum issues, and more.
CA3 Remands Sierra Leonean Withholding Claim
The court reversed the adverse credibility determination finding that Petitioner’s omissions with respect to dates did not go to the heart of her claim and that the few inconsistencies were the result of translation problems or the IJ’s interruptions. (Kaita v. Att’y Gen. of the U.S., 4/3/08)
Immigration Law Advisor, March 2008 (Vol. 2, No. 3)
Immigration Law Advisor with an article on burden of proof and voluntariness under persecutor bars to asylum-based relief, federal court activity for February 2008, an article on recent trends on CIMTs, aggravated felonies, and relief, BIA precedent decisions, and a regulatory update.
CA1 Upholds Adverse Credibility Over Dissent
The court upheld the adverse credibility finding, where discrepancies were clearly present and went to the heart of the claim. The dissent faulted the court for condoning a policy of blindsiding applicants with adverse credibility findings. (Cuko v. Mukasey, 3/31/08)
CA3 Finds Error in Application of National Security Bar
The court found that the AG ignored clear congressional intent by inquiring whether an applicant “may pose” a danger to the security of the U.S. instead of asking whether he “is” a danger in considering the national security bar. (Yusupov v. Att’y Gen. of U.S., 3/27/08)
AILA Liaison/NSC Q & As on Other Product Lines (3/27/08)
Q & As from 03/27/2008 NSC Teleconference on "Other" product lines address nunc pro tunc I-589s, I-90 reissuance processing times, N-400s processing at NSC, and other issues.
CA1 Upholds Adverse Credibility Finding Under REAL ID Analysis
The court found internal inconsistencies in Petitioner’s testimony and rejected Petitioner’s contention that the contradictions were minor. (Lin v. Mukasey, 3/26/08)
Stakeholder/USCIS Q & As (3/25/08)
The Q & As address I-589 nunc pro tunc application filing procedures, material support, repeat requests for fingerprints, filing fees for adjustment applications in proceedings that are later administratively closed, Child Status Protection Act, Fee waivers, DV 90 Day filing procedures, and more.
CA9 Remands Asylum Claim where IJ Failed to Make Credibility Finding
The court held that the IJ erred by failing to make a credibility finding, noting that instances where the IJ has conflated an adverse credibility finding with an adverse decision on the merits have been appearing before the court with increasing frequency. (Huang v. Mukasey, 3/24/08)
Minutes From 3/04/08 Asylum HQ Liaison Meeting
Minutes of the March 4, 2008 Headquarters Asylum Office meeting with NGOs, discussing such topics as the USCIS’ Authority to Grant Asylum in the Expedited Removal Process, Credible Fear/Reasonable Fear, Material Support, asylum interview Continuances, Refugee Crisis in Iraq Act of 2007, and more.
CA7 Finds IJ Erred in Rejecting Asylum Claim of Albanian Whistleblower
CA7 found it premature for the IJ to only analyze Petitioner’s activities during his military service. The court also found that it was not decisive that the corruption of which Petitioner complained did not pervade every level of the Albanian government. (Haxhiu v. Mukasey, 3/19/08)
Aytes Memo Revises Adjudicator’s Field Manual Regarding DNA Tests
A 3/19/08 Memo from Michael Aytes, Associate Director, Domestic Operations, USCIS, revises Chapter 21 of the Adjudicator’s Field Manual regarding genetic relationship testing.
AILA Liaison/SCOPS Q&As (3/19/08)
Q&As from the 3/19/08 AILA/Service Center Operations teleconference address H-1B cap filings, and biometrics for reentry permits and refugee travel documents.
Supreme Court Grants Certiorari to Consider Persecutor Bar to Asylum
On March 17, 2008, the Supreme Court granted certiorari to decide whether a person who was compelled, against his will, to assist or take part in persecution is barred from asylum under the persecutor bar. (Negusie v. Holder)
CA8 Finds No Jurisdiction to Review the BIA’s Refusal to Self-Certify an Untimely Appeal
The court held that the BIA’s refusal to take jurisdiction over an untimely appeal through the self-certification process was an unreviewable action committed to the agency's discretion.(Liadov v. Mukasey, 3/14/08)
CA8 Upholds BIA Denial of MTR Afghan CAT Claim Based on Changed Conditions
In addressing Petitioner’s constitutional claim that the BIA failed to consider the country reports and affidavit submitted with his motion to reopen, the court held the record did not support his claim because the BIA specifically mentioned them.(Hanan v. Mukasey, 3/14/08)
CA2 Remands Issue of Whether Forcible IUD Insertion Constitutes Persecution
The court remanded to the BIA to articulate a consistent position on whether and under what conditions forced insertion of an IUD constitutes persecution. (Jiang v. BCIS, 3/14/08)
DHS Issues Fact Sheet on Iraqi Refugee Processing
On 3/11/08 DHS issued a FACT Sheet on Iraqi Refugee Processing, which addresses the Refugee Admissions Program, the resettlement process, determining eligibility and other matters.
CA9 Finds Jurisdiction to Review CAT Claim despite Aggravated Felony
The court held that the jurisdiction stripping provision of INA §242(a)(2)(C), which bars review of final orders of removal for criminal offenses, did not deprive the court of jurisdiction over denials of deferral of removal under CAT. (Lemus-Galvan v. Mukasey, 3/11/08)
USCIS Testimony on Program Expenditures and Iraqi Refugee Processing
On 3/11/08, USCIS Director Emilio Gonzalez testified before the Subcommittee on Homeland Security of the House Committee on Appropriations regarding “Legal Immigration and Refugee Processing,” included fee initiatives, backlogs and the application surge, FBI name checks, E-Verify, and REAL ID.