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 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.
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.
BIA Grants Asylum to Ethnic Chin from Burma in Material Support Bar Case
The BIA held that, for purposes of INA §212(a)(3)(B), the Consolidated Appropriations Act of 2008 provides that certain groups, including the Chin National Front (CNF), are not to be classified as “terrorist organizations.” Matter of S-K-, 24 I&N Dec. 475 (BIA 2008)
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.
DOS Releases 2007 Country Reports on Human Rights Practices
On 3/11/08 DOS released the 2007 Reports on Human Rights Practices. The 196 reports are submitted to Congress in compliance with the Foreign Assistance Act of 1961.
USCIS Publishes Comment Request on HRIFA Supplement to I-485
USCIS information collection on Supplement C, HRIFA Supplement to Form I-485. Comments are due 4/7/08. (73 FR 12458, 3/7/08)
CA2 Remands Asylum Case Due to Confidentiality Breach and False Documents
The court held that the BIA erred in concluding that the government had not violated the confidentiality regulation when it disclosed Petitioner’s name to the Macedonian authorities. (Corovic v. Mukasey, 3/7/08)
CA9 Remands Asylum One-Year Deadline Issue of Age of Minors to BIA
The court noted that regulations do not define whether individuals under 21 years of age are “minors” under 8 CFR §1208.4(a)(5)(ii). The court stated that when the BIA has not considered an issue in the first instance, the proper course of action is to remand it. (Al-Mousa v. Mukasey, 3/5/08)
DHS Testimony at Oversight Hearing on Homeland Security
Testimony of DHS Secretary Michael Chertoff before the House Committee on the Judiciary at an Oversight Hearing on the Department of Homeland Security.
BIA Finds Respondents Subjected to FGM Eligible for Asylum
The BIA held that a Somali mother and daughter who were subjected to female genital mutilation were eligible for asylum based on humanitarian grounds regardless of whether they can establish a well-founded fear of future persecution. Matter of S-A-K- and H-A-H-, 24 I&N Dec. 464 (BIA 2008)
AILA Liaison/NSC Q & As on Refugee Asylee Issues (2/28/08)
The 02/28/2008 Q & As address procedures for obtaining duplicate I-765 denial notices, I-131s for refugee and asylees, I-730s denied due to failure to respond to an RFE, Refugee cases and Aytes 02/04/2008 national security checks memo, and other issues.
Stakeholder/USCIS Q & As (2/26/2008)
The Q & As address fee waiver rejections, Iraqi and Afghan Special Immigrant applicants for adjustment of status, I-730s, Asylee EADS and security checks, refugee travel documents and re-entry permit, I-129 extension cases, and more.
CA1 Finds Jurisdiction to Review One-Year Deadline; Denies Asylum
The court found that the asylum application was timely when the deadline fell on a Sunday and the applicant mailed her application the next day. However, it also found that she had not shown past persecution or a well-founded fear. (Jorgji v. Mukasey, 2/24/08)
CA10 Upholds Adverse Credibility Finding Due to Omissions on Asylum Form
The court found that if the torture Petitioner described actually occurred, it would defy common sense for Petitioner, who was assisted by counsel, to omit any mention of it in his application and supplemental letters. (Ismaiel v. Mukasey, 2/22/08)
CA4 Remands for Determination of Whether IUD Insertion is Persecution
CA4 noted that the BIA had not issued a precedent decision addressing the forced insertion and continued usage of an IUD as constituting persecution. The court faulted the BIA for its cursory conclusion, finding that the BIA had given it nothing to review. (Lin v. Mukasey, 2/20/08)
CA8 Rejects W/H for Lack of Credibility; Finds Ineligibility to Adjust
The court found it lacked jurisdiction to review the timeliness of Petitioner’s asylum claim,upheld denial of withholding based on lack of credibility, and held that he was ineligible to adjust based on his VWP entry. (Zine v. Mukasey, 2/19/08)
CA4 Holds CAT Factual Findings Not Reviewable; Adjustment Unavailable
CA4 found that it lacked jurisdiction to review the CAT claim because the issue on appeal was a factual determination by the BIA. The court held that Petitioner, who entered as a refugee and previously adjusted status, was unable to adjust status again. (Saintha v. Mukasey, 2/14/08)
CA1 Upholds Adverse Credibility Finding in Cambodian Asylum Claim
While the IJ arguably overstated the number and importance of the inconsistencies, the court held that the IJ had a rational basis for the adverse credibility finding. (Teng v. Mukasey, 2/14/08)
CA9 Remands Frivolousness Finding for BIA to Apply Matter of Y-L- Factors
The court remanded the BIA’s frivolous asylum application finding to allow the BIA to apply the procedural guidelines set forth in Matter of Y-L-, a precedent decision issued 5 months after the frivolousness finding in Petitioner’s case. (Kalilu v. Mukasey, 2/14/08)