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
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)
CA1 Upholds Finding of Changed Conditions in Cambodian Asylum Claim
The court found that the adverse credibility determination was not supported by the record, and that Petitioner had suffered past persecution, but agreed with the IJ that country reports indicated that conditions had changed in Cambodia. (Ly v. Mukasey, 4/24/08)
CA9 Rejects CAT Claim of Mentally Disabled Man for Lack of Specific Intent
The court held it lacked jurisdiction to review IJ’s finding that petitioner’s robbery conviction was a particularly serious crime and rejected his CAT claim, holding that he failed to establish that the harm he would suffer in a mental institution in Mexico. (Villegas v. Mukasey, 4/23/08)
CA11 Vacates Earlier Asylum Decision; Removes “Courage” Language
CA11 vacated its Jan. 11, 2008 decision (AILA InfoNet Doc. No. 08022164) and reissued substantially the same decision. The court removed the language: “Courage does not negate fear.” It continued to hold that that Petitioner had a subjective fear. (Santamaria v. U.S. Att’y Gen., 4/22/08).
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)