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
Ambassador Foley Gives Briefing on the Iraqi Refugee Admissions Program
Ambassador James Foley, Senior Coordinator for Iraqi Refugee Issues, gave a briefing on the latest developments in the Iraqi Refugee Admissions Program.
CA9 Upholds Asylum Frivolousness Finding and Permanent Benefits Bar
In this decision, the court adopted the analytical framework for making frivolousness determinations in Matter of Y-L-. The court held that a remand was not necessary because all of the element of Y-L- were met. (Ahir v. Mukasey, 6/2/08)
CA3 Remands Colombian Social Group Asylum Claim
The court held that Petitioner established that she is a member of the social group of “women who have escaped involuntary servitude after being abducted and confined by the FARC” and showed a well-founded fear of persecution. (Gomez-Zuluaga v. Att’y Gen. of the U.S., 5/30/08)
Stakeholder/USCIS Q & As (5/27/08)
The Q & A address the FBI name check backlog & N-400s, N-648s, CSPA, F-2As, multi-year EADs, biometrics fees for refugee I-485 applicants, the need for biometrics if a child turns 14 while a case is pending, needed documentation for refugee I-485s, Iraqi/Afghan SIVs, E-Verify and more.
CA1 Finds Threats Can Amount to Persecution in Cambodian Withholding Claim
In a Cambodian withholding case, the court found that credible threats can amount to persecution, especially when the assailant threatened the applicant with death, in person, and with a weapon. (Sok v. Mukasey, 5/22/08)
CA1 Upholds Denial of Asylum Based on Lack of Past Persecution and Nexus
The court found that the BIA’s emphasis on the lack of physical harm was appropriate, and that it was significant that the threats were not connected to a protected ground. (Restrepo Ruiz v. Mukasey, 5/21/08)
USCIS Fact Sheet on Iraqi Refugee Processing
A 5/16/08 USCIS Fact Sheet on the processing of Iraqi refugees describes the resettlement process and eligibility determination, and also provides information for Iraqis who wish to apply for asylum.
AG Overrules BIA Holdings on Refugee Status for Spouse in Forced Abortion/Sterilization Cases
The Attorney General, in In re Matter of Jianzhong Shi, overruled two precedent, en banc BIA decisions on entitlement to per se refugee status for the spouses of individuals physically subjected to a forced abortion or sterilization procedure.
EOIR Reminds Coercive Population Control Asylees to Report Changes of Address
A 5/12/08 EOIR news release reminds coercive population control asylees to provide change of address information to both DHS and EOIR.
CA2 Says IJ May Accept Late Filed Supporting Asylum Documents
The court held that where an asylum applicant has demonstrated good cause for failure to timely file documents and a likelihood of substantial prejudice, the IJ may depart from the deadline imposed by relevant local rules. (Dedji v. Mukasey, 5/8/08)
ICE Semiannual Report on Compliance With National Detention Standards
This report rates facilities by looking at the following issues: access to legal materials, telephone access, medical care, grievance procedures, transfer of detainees, religious practices, as well as other issues addressed in the national standards.
CA6 Finds “Personal Dispute” with UAE Prince Not Basis for Asylum
The court found substantial evidence supported the IJ’s conclusion that Petitioner was an angry investor, not a political dissident, when he confronted a United Arab Emirates Prince and called him a thief. (Zoarab v. Mukasey, 5/6/08)
CA9 Finds Record Compels Conclusion of Imputed Political Opinion Nexus
The court held that Petitioner demonstrated the facts necessary to prove an imputed political opinion claim and was thus eligible for asylum. (Silaya v. Mukasey, 5/6/08)
DHS Releases Medical Records Requests Forms
The following are the appropriate disclosure forms used for obtaining immigrant detainee medical records.
CA9 Finds Subjective Intent is Not Relevant to “Changed Circumstances”
The court held that there was no support for the IJ’s holding that Petitioner did not qualify for the changed circumstances exception to asylum filing deadline solely because his subjective intent to apply existed before the expiration of the one-year period. (Fakhry v. Mukasey, 5/5/08)
CA11 Finds No Jurisdiction to Review BIA’s Refusal to Reopen Sua Sponte
CA11 held that it lacks jurisdiction to hear an appeal of BIA’s denial of a motion to reopen because the decision to reopen proceedings sua sponte is an action “committed to agency discretion by law” under the Administrative Procedure Act. (Lenis v. United States Att’y Gen., 5/5/08)
Notice of Settlement Agreement in Lawsuit to End Naturalization and Adjustment Delays (Updated 8/13/08)
Settlement agreement provides for expedited processing of stalled naturalization and adjustment of status applications for individuals at risk of losing SSI benefits. Translations provided. (Kaplan v Chertoff, 5/2/08)
CA9 Upholds Denial of MTR Asylum Claim Based on Changed Circumstances
CA9 held that the BIA’s interpretation of INA §208(a)(2)(D) and §240(c)(7) in Matter of C-W-L- was reasonable, and found that Petitioner could apply for asylum only by filing a motion to reopen, subject to its limitations, despite a change in circumstances. (Chen v. Mukasey, 5/2/08)
Immigration Law Advisor, April 2008 (Vol. 2, No.4)
Immigration Law Advisor with an article on affording material support to a terrorist organization and the discretionary exemption to inadmissibility, federal court activity for March 2008, an article on immigration consequences of drug offenses, BIA precedent decisions, and a regulatory update.
Immigration Law Today-May/June 2008
The May/June 2008 issue of Immigration Law Today focuses on asylum and relief, including the need for professional interpreters at asylum interviews, obtaining parole for asylum-seekers, and finding room for FGM relief.
AILA/NSC Liaison Meeting Minutes (4/30/08)
NSC Liaison Meeting Minutes from 4/30/08. Topics include: I-140 petition revisions, degree equivalency issues, Appeals vs. Motions, background checks for I-140 petitions, referral of I-485s for interviews, N-400s, I-130 Reinstatements, Asylum/Refugee matters, I-131s and Reentry Permits, and I-824s.
Stakeholder/USCIS Q & As 4/29/08 (Updated 7/2/08)
USCIS revised the answer to question #12 of the Q & As from the 4/29/08 Stakeholder meeting. The revised answer pertains to administratively closed I-730 applications.
CA1 Upholds Finding of No Past Persecution in Indonesian Withholding Claim
The court found that past persecution findings are “easily inferable” and in Petitioner’s case both the IJ and BIA discussed the past incidents and found they failed to justify the relief Petitioner requested. (Pulisir v. Mukasey, 4/29/08)
CA6 Rejects Chinese Withholding and CAT Claims Based on U.S. Born Children
The court noted that children born outside of China are not counted for purposes of China’s population control policies and held that Petitioner failed to demonstrate that the evidence compelled a different conclusion. (Huang v. Mukasey, 4/25/08)
CA7 Addresses Deceit in Asylum Claims; Upholds Adverse Credibility Finding
The court noted re the REAL ID Act that most claims can neither be confirmed nor refuted by documentary evidence, and that liars tend to give fewer details, finding substantial evidence supported the IJ’s determination. (Mitondo v. Mukasey, 4/24/08)