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 Finds BIA Erred in Relying on Airport Interview to Deny Asylum Claim
The court noted that airport interviews are not always reliable for credibility, holding that the BIA erred in finding that Petitioner’s claim became markedly more “egregious” because he failed to mention his homosexuality in his credible fear interviews. (Moab v. Gonzales, 9/13/07)
Minutes From 9/11/07 Asylum HQ Liaison Meeting
Minutes of the September 11, 2007 Headquarters Asylum Office meeting with NGOs, discussing such topics as Credible Fear/Reasonable Fear and Expedited Removal, Material Support, USCIS Website Issues, and Refugee Resettlement.
CA2 Upholds Matter of J-E-, Finds Haitian Prison Conditions Not Torture
The court held that the failure to maintain standards of diet, hygiene, and living space in prison does not constitute torture unless conditions are sufficiently extreme and intentionally inflicted. (Pierre v. Gonzales, 9/11/07)
CA2 Upholds Matter of Smriko, Finds Refugees May Be Removed
The court joined the Third and Ninth Circuits in finding no immunity from removal for refugees. The court noted that even if Petitioner had retained refugee status after adjustment he would be subject to removal for drug trafficking. (Maiwand v. Gonzales, 9/11/07)
CA7-Posner Issues Scathing Opinion Overturning Negative Credibility Finding
Judge Posner noted that an avalanche of asylum claims has placed unbearable pressures on a grossly understaffed system. In reversing the IJ’s negative credibility finding, he ruled that egregious failures by IJs could be understood but not excused. (Kadia v. Gonzales, 9/7/07)
CA3 Remands Honduran Gang Recruitment Case Due to Legal and Factual Errors
The court held that the IJ erred by requiring Petitioner to prove that the government refused to protect him rather than that the government was unable or unwilling to protect him. (Valdiezo-Galdamez v. U.S. Att’y Gen., 9/7/07)
CA11 Finds Harm Suffered by Colombian Applicant Amounted to Persecution
CA11 held that the harm Petitioner suffered (threats and attempted attacks over an 18-month period that culminated in being stopped on the roadway and threatened at gunpoint by members of FARC who broke his nose) amounted to persecution as a matter of law. (Marin v. U.S. Att’y Gen., 9/6/07)
BIA Holds Fear of FGM of Daughter Not Sufficient Basis for Asylum or Withholding
The BIA held that an alien may not establish eligibility for asylum or withholding of removal based solely on fear that his or her daughter will be harmed by being forced to undergo female genital mutilation upon returning to the alien’s home country. Matter of A-K, 24 I&N Dec. 275 (BIA 2007)
DOS Requests Comments on Refugee Biographic Data Sheet
DOS issued a proposed information collection on the Refugee Biographic Data Sheet. Biographic information is collected in a face-to face interview of the applicant overseas. Comments are due 60 days from 9/4/07. (72 FR 50710, 9/4/07)
CA9 Holds Birth of Two USC Children Is Not a Basis for MTR for Asylum
CA9 held that Chinese asylum applicants could not establish changed circumstances sufficient to satisfy the exception to the time and numerical bars applicable to a motion to reopen based on the birth of children in the U.S. and the threat of forced sterilization. (He v. Gonzales, 9/4/07)
CA2 Overturns "Persecutor of Others" Finding
The court held that there must be some evidence that Petitioner engaged in conduct that assisted in the persecution of another and that the link between Petitioner's activities and the arrest of any individual was too attenuated. (Gao v. Gonzales, 9/4/07)
Immigration Law Today-Sept/Oct 2007
The Sept/Oct 2007 issue of Immigration Law Today issue focuses on immigration litigation, legislation, and regulation. Articles include an On the Record interview with Judge Bruce Einhorn, an analytical look at the USCIS filing fee increases, and one-year asylum deadline.
Immigration Law Advisor, August 2007 (Vol. 1, No. 8)
Immigration Law Advisor with an article on circuit courts’ handling of equitable tolling of motions deadlines, federal court activity for July 2007, an article on what constitutes “persecution” versus “persecutor”, update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands, Says BIA Erred in Evaluating Family-Based Social Group Claim
The court concluded that the IJ and BIA erred both in their incomplete characterization of Petitioner’s proposed social group and in their failure to evaluate her claim according to the Acosta standard. (Vumi v. Gonzales, 8/31/07)
USCIS' SOPs for I-589 Processing
Standard Operating Procedures of USCIS for the processing and adjudication of I-589 asylum and withholding of removal applications. It is not clear on what date this document was prepared.
CA9 Discusses Drug Trafficking as Particularly Serious Crime Bar to Withholding
CA9 held that the AG did not exceed his authority by creating a strong presumption that drug trafficking offenses constitute particularly serious crimes in Matter of Y-L-, but found that the BIA erred in applying Y-L- to a plea made prior to the decision. (Miguel-Miguel v. Gonzales, 8/29/07)
CA9 Reverses IJ’s Determination that Asylum Seeker Must Prove Identity
The court held that INA §208(d)(5)(A) imposes duties on the AG and DOS to check the identities of asylum applicants and that there is no new burden on an asylum-seeker under this provision. (Kalouma v. Gonzales, 8/28/07)
CA7 Upholds BIA’s Denial of MTR Based on Changed Personal Circumstances
The court agreed with the BIA that INA §240(c)(7)(C)(ii) allows for motions to reopen beyond the 90-day time limit based only on changed country conditions, not a change in personal circumstances. (Chen v. Gonzales, 8/23/07)
CA7 Rejects BIA’s Finding that Applicant’s FGM Claim Was Not Well-Founded
The court held that Petitioner’s testimony was corroborated by an affidavit from her doctor and an affidavit from her and her father’s pastor in Nigeria verifying that her in-laws sought to have her undergo FGM.(Oyekunle v. Gonzales, 8/22/07)
USCIS Notice to Individuals Granted Immigration Benefits by an IJ or the BIA
A USCIS notice to individuals granted immigration benefits by an immigration judge or the Board of Immigration Appeals. Guidance is provided on obtaining documentation of status.
CA8 Rejects One-Year Deadline Asylum Claim Based on UN Refugee Protocol
CA8 held that it lacked jurisdiction to review the reasons for filing outside the one-year deadline, but that it did have jurisdiction to address whether the one-year deadline conflicted with the UN Refugee Protocol. It found the argument without merit.(Purwantono v. Gonzales, 8/17/07)
CA2 Says BIA Must Give Opportunity to Rebut Administrative Notice
The court held that the BIA erred when it failed to give Petitioner notice and the opportunity to rebut its intention to consider as administratively noticed the fact that the Mislosevic regime had been dismantled. (Burger v. Gonzales, 8/17/07)
CA2 Rejects Humanitarian Asylum for Lack of Physical/Mental Harm
The court found no evidence of long-lasting physical or mental effects of the persecution Petitioner suffered, which included physical attacks, the rape of his wife in his presence, and burning his house to the ground. (Jalloh v. Gonzales, 8/17/07)
Langlois Memo on Minor Principal Asylum Applicants and Changes to RAPS
An 8/14/07 Memo from Joseph Langlois, USCIS Asylum Division Chief, addresses updated procedures for minor principal asylum applicants and changes to RAPS, the asylum database.
CA9 Finds Cambodian Prison Guard Not Subject to Persecutor Bar to Asylum
The court found that a Cambodian prison guard, who unlocked doors to prisoners’ cells based on instructions from superiors and led them back to their cells after interrogations, was not subject to the persecutor bar to asylum and withholding. (Im v. Gonzales, 8/13/07)