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
CA11 Upholds Matter of S-L-L-; Rejects Unmarried Father’s Asylum Claim
The court concluded that the BIA’s decision in Matter of S-L-L-, to deny derivative protection to unmarried fathers of aborted children, is not unreasonable. (Yang v. Gonzales, 8/8/07)
CA8 Rejects Asylum Claim of Blind Albino from Indonesia
The court found that substantial evidence supported the BIA’s finding that the harassment and economic deprivation suffered by Petitioner in Indonesia did not amount to past persecution. (Makatengkeng v. Gonzales, 8/3/07)
BIA Finds that MTRs Carry Heavy Burden to Show "Changed Circumstances"
The BIA held that respondent did not meet the heavy burden to show that her proffered evidence is material and reflects “changed circumstances arising in the country of nationality” regarding Chinese birth planning policies. Matter of S-Y-G-, 24 I&N Dec. 247 (BIA 2007)
Immigration Law Advisor, July 2007 (Vol. 1, No. 7)
Immigration Law Advisor with an article on circuit court decisions in Chinese coercive population control cases, federal court activity for June 2007, an article on Colombian asylum cases, update on recent BIA precedent decisions, and a regulatory update.
CA7 Finds Economic Harm Did Not Amount to Persecution in One-Child Claim
The court found that the damage to Petitioner’s home was insufficient to show economic persecution. The court noted that Petitioner maintained employment, registered his son without paying a fine, and his two children attended public school. (Zhang v. Gonzales, 7/31/07)
CA7 Finds Detention and Beatings in Cameroon Amount to Persecution/Torture
CA7 held that Petitioner established that she suffered persecution on account of her political opinions, having suffered two severe beatings after voicing her opposition to the government. It held that the beatings constituted torture for CAT relief. (Tchemkou v. Gonzales, 7/31/07)
CA2 Remands for Clarification of Asylum Frivolousness Guidelines
The court vacated the findings of frivolousness and remanded to allow the BIA to interpret and apply the relevant statutes and regulations governing frivolousness under the BIA's standards in Matter of Y-L-. (Yang v. Gonzales, 7/31/07)
AILA Liaison/NSC Q & As on "Other" Product Line Issues (7/26/07)
NSC 7/26/07 Q&As address G-28s and I-90s; I-765s for L-2s, E-1/E-2 dependents, J-2 dependents, & F-1 applicants; I-824s; I-131 Refugee Travel Documents; I-751s, a DOS favorable recommendation letter for a 212(e) waiver vs. an I-612 approval notice; N-400s and biometrics for an applicant abroad.
CA5 Finds Abortion Was Forced, Not Voluntary, and Grants Withholding
The court held that Petitioner’s abortion was forced because a reasonable person in her position would objectively view the threats for refusing the abortion to be genuine and that the harm, if carried out, would rise to the level of persecution.(Zhu v. Gonzales, 7/23/07)
USCIS to Discontinue Use of Prepaid Mailers to Send Notices and Documents
USCIS announced that as of 7/30/07, it will only accept “prepaid mailers.” These mailers can be used to return notices and documents to an applicant or petitioner, for refugee travel documents and reentry permit applications.
CA9 Remands for Proper Country of Removal; Refuses to Rule on W/H and CAT
CA9 found that IJ did not follow the proper steps under Jama and erred in designating Ethiopia as the country of removal. It refused to rule on the withholding and CAT claims because each presumes removal to Ethiopia. (Hadera v. Gonzales, 7/18/07)
CA1 Rejects Colombian Asylum Claim for Lack of Nexus to a Protected Ground
The court upheld the IJ’s finding that whoever was threatening Petitioner targeted her because of greed, not her political opinion or membership in a particular social group. (Lopez de Hinacapie v. Gonzales, 7/17/07)
CA11 Finds Attempted Murder is Persecution in Colombian Asylum Case
The court held that the record in the case compelled the conclusion that Petitioner suffered past persecution. The court found that intentionally being shot at in a moving car by two men on motorcycles qualifies as “extreme” under any definition. (Sanchez Jimenez v. U.S. Att’y Gen., 7/17/07)
CA2 Finds IJ’s Analysis Deficient in Bangladeshi Asylum Claim
The court held that the IJ’s finding that Petitioners failed to show past persecution was deficient in its consideration of claims in the aggregate and included errors in the analysis of several incidents and economic harm. (Manzur v. DHS, 7/16/07)
CA2 Says No Per Se Refugee Status for Spouses of Family Planning Victims
The en banc court held that IIRAIRA §601(a), which amended the definition of refugee, is unambiguous and clearly does not extend automatic refugee status to spouses or partners of victims of coercive family planning policies. (Lin v. DOJ, 7/16/07)
CA2 Refuses to Exercise Power to Remand Forced Sterilization Claim
The court declined to remand Petitioner’s case using its inherent power, based on new documents from another case regarding forced sterilization of unmarried women. (Ni v. Gonzales, 7/12/07)
CA4 Rejects Asylum for Egyptian Married to Jewish Woman
CA4 found no evidence that the Egyptian government would persecute Petitioner because of his marriage to a woman of Jewish descent, and that DHS’ breach of confidentiality was not a ground for asylum. (Abdel-Rahman v. Gonzales, 7/12/07)
CA1 Overturns IJ’s Adverse Credibility Finding in Cambodian Asylum Case
The court reversed the IJ’s adverse credibility finding, where the IJ’s description of Petitioner’s testimony was inaccurate and Petitioner corrected a discrepancy almost immediately, before it was brought to her attention. (Heng v. Gonzales, 7/12/07)
CA7 Finds IJ Denied Right to Present Evidence by Excluding Expert Opinion
The court held that the IJ’s refusal to consider the expert’s testimony was a violation of Petitioner’s right to present evidence, findin the expert could have given his opinion regarding a political issue, and was not testifying as a document expert. (Tadesse v. Gonzales, 7/9/07)
CA11 Finds Attack by FARC Was Motivated by Petitioner’s Political Opinion
CA11 upheld the conclusion that the attack on Petitioner was politically motivated and was not a random criminal act. It later granted the government’s petition for rehearing and amended its decision to find no jurisdiction over one claim. (Lopez v. U.S. Att’y Gen., 7/6/07)
CA8 Finds Albania Applicant Suffered Past Persecution and Remands to BIA
The court held that Petitioner suffered past persecution in Albania based on his political opinion, finding that the IJ did not consider the question of whether the government met its burden of rebutting the presumption of a well-founded fear. (Sholla v. Gonzales, 7/5/07).
BIA Holds Alien Returning to U.S. After Failed Canadian Refugee Application is "Arriving Alien"
The BIA held that an alien who leaves the U.S. and is admitted to Canada to seek refugee status has made a departure and thus is an arriving alien when returning after the denial of an application for refugee status in Canada. Matter of R-D-, 24 I&N Dec. 221 (BIA 2007)
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.