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 Advisor, June 2007 (Vol. 1, No. 6)
Immigration Law Advisor with articles on the unsettled concept of firm resettlement as a bar to asylum and how EOIR motions are being governed by federal courts, court activity for May 2007, update on recent BIA precedent decisions, a legislative commentary on S. 1639, and a regulatory update.
AILA Liaison/NSC Q & As on Refugee/Asylee Issues (6/28/07)
In a 06/28/2007 conference call, the NSC answered questions on asylee and refugee issues.
Sign-On Letter in Support of Levin-Brownback Amendment to S. 1639
Sign-on letter from NGOs, including AILA, to members of the Senate in support of the Levin-Brownback amendment (division XX, p. 291) to S. 1639. The amendment would protect Iraqi refugees fleeing persecution based upon their membership in minority religious groups.
CA2 Remands for Determination of Whether Defected KGB Agents Constitute PSG
The court noted that it was not its task to determine in the first instance whether “defected KGB agents” constitute a particular social group and remanded to the BIA. (Koudriachova v. Gonzales, 6/26/07)
DOS Requests Comments on Medical Examination Forms for Immigrant or Refugee Applicants
DOS requests comments on Medical Examination for Immigrant or Refugee Applicant Forms DS-2053, DS-3024, DS-3025, and DS-3026. Comments are due in 30 days. (72 FR 34734, 6/25/07)
BIA Discusses “Mixed Motive” Asylum Cases
The BIA held that under the REAL ID Act, in mixed motive asylum cases, race, religion, nationality, membership in a particular social group, or political opinion must be at least one central reason for the claimed persecution. Matter of J-B-N- & S-M-, 24 I&N Dec. 208 (BIA 2007)
CA2 Remands to Allow Petitioner to Respond to Administratively Noticed Facts
The court held that the BIA abused its discretion in denying Petitioner’s motion to reopen based solely on administratively noticed facts, without giving Petitioner an opportunity to rebut the inferences drawn from those facts. (Chhetry v. DOJ, 6/20/07)
CA3 Holds Husband May Stand in Shoes of Wife in Population Control Case
The court upheld the BIA’s determination that one spouse’s qualifications for asylum may be imputed to the other spouse in coercive population control claims. (Chen v. Att’y Gen. of U.S., 6/20/07)
CA11 Remands Denial of MTR by Chinese Asylum Applicant with 2 USC Children
The court held that in light of the record, it was arbitrary and capricious for the BIA to find that Petitioner failed to establish a prima facie case for asylum or withholding based on the birth of two children in the US. (Li v. U.S. Att’y Gen., 6/18/07)
CA6 Remands Asylum Denial in Iraqi Case and Criticizes Conduct of IJ
The court held that, based on the IJ’s conduct and its effect on Petitioner’s ability to testify accurately, it could not conclude that the IJ’s adverse credibility finding was based on substantial evidence. (Elias v. Gonzales, 6/15/07)
CA6 Finds Chinese Labor Activist Was Persecuted for His Political Opinion
In reversing the IJ, the court found that Petitioner was persecuted not merely as a striker protesting his potential loss of employment, but as a political activist attempting to expose corruption by government officials and to protect workers’ interests. (Bu v. Gonzales, 6/15/07)
CA9 Rejects Polygraph Results and Medical Exam in MTR Indian Asylum Claim
CA9 held that polygraph evidence is not evidence that was previously unavailable within the meaning of 8 CFR §1003.2(c). The court also refused to consider a medical report regarding Petitioner’s scars for the same reason. (Goel v. Gonzales, 6/14/07)
CA9 Rejects Negative Inference without Credibility Finding in Asylum Claim
The court found the IJ erred in relying on the negative inference drawn from Petitioner’s refusal to allow access to his Canadian immigration file. The court held that the IJ failed to make an express credibility determination, or to analyze Petitioner’s claim. (Singh v. Gonzales, 6/12/07)
CA4 Finds Withholding Claim Cannot Be Based on Psychological Harm Alone
The court held that a withholding claim cannot rely solely on psychological harm, but must establish injury or a threat of injury to the applicant’s person or freedom. (Niang v. Gonzales, 6/12/07)
CA7 Remands Chinese Claim for Ruling on Severity of Economic Sanctions
The court noted that the BIA is entitled to respond to normal country conditions but remanded the case for consideration of the financial penalties used when couples have two or more children and whether those amount to force. (Chen v. Gonzales, 6/11/07)
BIA Finds Parent with Two Chinese-Born Children May Qualify as a Refugee
The BIA held that a person who fathers or gives birth to two or more children in China may qualify as a refugee if established that the births are a violation of family planning policies that would give rise to a well-founded fear of persecution. Matter of J-H-S-, 24 I&N Dec. 196 (BIA 2007)
BIA Finds No Well-founded Fear for Chinese Parent with Second Child
The BIA held that the evidence did not demonstrate the Chinese has a national policy of requiring forced sterilization of a parent who returns with a second child born abroad or that local sanctions would rise to the level of persecution. Matter of J-W-S-, 24 I&N Dec. 185 (BIA 2007)
CA2 Upholds Negative Credibility Due to Similar I-589 in Different Case
The court held that an IJ may consider “inter-proceeding” similarities in asylum applications in making a credibility determination and found that the IJ was reasonable in relying on these similarities because of his rigorous approach. (Ye v. Gonzales, 6/6/07)
CA9 Finds Forced Abortion is Broad Concept; Does Not Require Physical Force
The court held that Petitioner suffered persecution where his wife was forced by her employer to abort her pregnancy, and she cried during the abortion that was performed without anesthesia. The court held he also qualified for withholding. (Tang v. Gonzales, 6/6/07)
CA11 Finds No Nexus in Asylum Claim of Colombian Dentist
The court held that the record supported the conclusion that Petitioner was threatened for his refusal to provide dental services, which lacks a nexus between political opinion and persecution. (Rodriguez-Morales v. U.S. Att’y Gen., 6/6/07)
Langlois Memo on Processing Asylum Cases Involving Material Support
This 6/1/07 Memo from Joseph E. Langlois, Asylum Division Chief, Office of Refugee, Asylum, and International Operations, discusses processing of asylum division cases involving material support.
Chertoff Statement on New Security Procedures for Iraqi Refugees Seeking Resettlement in the U.S.
On 5/29/07 DHS released a statement by Secretary Chertoff on new security screening procedures for Iraqi refugees applying for resettlement in the U.S.
CA4 Overturns IJ’s Denial in Chinese One-Child Claim on Issue of Past Harm
CA4 found that the IJ did not make an adverse credibility finding regarding Petitioner’s evidence of his wife’s forced abortion, and thus a determination that his lack of credibility re is own fear of sterilization does not defeat his asylum claim. (Lin-Jian v. Gonzales, 5/30/07)
CA7 Finds Flaws in BIA’s Denial of Cameroonian FGM Asylum Claim
The court held that the BIA disregarded key evidence specific to Petitioners’ claim, relying instead on general background evidence, and then faulted Petitioners for failing to offer specific evidence. (Agbor v. Gonzales, 5/25/07)
CA11 Overturns IJ and Finds Ukrainian Azerbajani Suffered Past Persecution
The court found that it was clear that the protests, beatings, arrests, searches, interrogations, imprisonments and death threats amounted to persecution. The court found that the IJ erred in focusing on the lack of corroboration. (Niftaliev v. U.S. Att’y Gen., 5/25/07)