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
CA3 Overturns Negative Credibility Finding in Burmese Asylum Case
The court held that the IJ failed to elaborate on her reasons for finding that Petitioner’s political activities in Japan and in Burma were not enough to meet the well-founded fear standard. (Thu v. Att’y Gen. of U.S., 12/18/07)
CA9 Rejects MTR Asylum Claim Based on Changed Conditions in Iran
The court held that because the IJ had found Petitioner’s conversion was not genuine and that apostasy would not be imputed to him, the BIA did not abuse its discretion. (Toufighi v. Mukasey, 12/13/07)
CA8 Rejects Breach of Confidentiality Claim; Finds No Asylum Disclosure
The court held that the breach of confidentiality claim failed because there was no evidence the INS disclosed any information in the asylum application to Uzbek officials when examining their birth records. (Averianova v. Mukasey, 12/10/07)
CA2 Says Abortion Not “Forced” if Officials Unaware of Pregnancy
The court upheld the BIA’s finding that an abortion is not “forced” unless the harm for the refusal to abort would amount to persecution and that because the government was not aware of the pregnancy, there was no threatened harm. (Xia v. Mukasey, 12/7/07)
CA9 Upholds Adverse Credibility Finding and BIA’s Voluntary Departure Cut
The court held that substantial evidence supported the IJ’s credibility determination due to inconsistencies. The court also upheld the BIA’s reduction in voluntary departure from 90 to 30 days finding that 90 days was statutorily impermissible. (Rivera v. Mukasey, 12/7/07)
CA2 Finds Asylum Applicant’s Testimony Inherently Implausible
The court held that a finding of implausibility must be based on more than bald speculation and that the IJ permissibly relied on testimony and record facts to infer that Petitioner’s story was implausible. (Yan v. Mukasey, 12/4/07)
CA8 Joins Other Circuits Holding Successive Asylum Application Requires MTR
The court, like its sister circuits, upheld that the BIA conclusion that an asylum applicant under a final order of removal must successfully reopen his case in order to pursue an untimely or successive asylum application under INA §208(a)(2)(D). (Zheng v. Mukasey, 12/4/07)
Stakeholder/USCIS Q & As (12/4/07)
The Q & As address I-192s and fee waivers, NTAs, adjustment from U and T status, EADs for Liberians with TPS, use of previously captured biometric data, religious workers, receipting delays for N-400s, material support, translator SIV visas, asylee adjustments and other matters.
More Information from USCIS Regarding Security Check Changes
E-mail from USCIS regarding the changes recently made in the DHS/FBI name check processes.
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months.
Authority of Asylum Officers to Retain Fraudulent Documents
Memo from Lynden Melmed, USCIS Chief Counsel, regarding asylum officers’ authority to retain fraudulent and fraudulently obtained documents for the purpose of determining authenticity.
CA2 Says No Jurisdiction to Review Timeliness of Asylum
The court reversed its previous decision and held that it lacked jurisdiction to review the IJ’s determination on the timeliness of Petitioner’s asylum application. (Liu v. INS, 11/30/07)
CA9 Reverses District Court, Finds Plaintiff Eligible for Benefits Under ABC Settlement Agreement
The court held that Plaintiff’s asylum application, filed on 1/31/91, indicated his intent to receive benefits of the ABC agreement, notwithstanding the fact that the application did not explicitly reference the agreement. (Chaly-Garcia v. United States, 11/29/07)
CA1 Finds Family Planning Persecution Claim Speculative
The court upheld the denial of asylum, finding the BIA justifiably relied on a DOS report indicating that fees levied on unwed mothers were merely for social compensation, and in some cases the fees had abolished or relaxed. (Wang v. Mukasey, 11/29/07)
CA2 Remands Asylum Claim of Colombian Kidnapped by FARC
The court remanded the case because of the BIA’s flawed reasoning that kidnapping could not amount to persecution. (Delgado v. Mukasey, 11/28/07)
CA9 Finds Asylum Applicant May Authenticate Documents by Own Testimony
The court held that an asylum applicant may seek to authenticate public documents by any established means – including through an applicant’s own testimony if consistent with the Federal Rules of Evidence. (Vatyan v. Mukasey, 11/27/07).
CA2 Says Affluent Guatemalans Are Not a Particular Social Group
The court held that the BIA’s rulings that social groups require a certain degree of “social visibility” and that the definition of social group must have particular and well-defined boundaries were “sufficient and affirmable.” (Ucelo-Gomez v. Mukasey, 11/21/07)
USCIS Publishes Revised Information Collection on Form I-589
USCIS published a revised information collection on Form I-589. Comments are due December 21, 2007. (72 FR 65587, 11/21/07)
CA2 Remands on Issue of “Pattern or Practice” of Persecution of Christians
The court remanded where the BIA considered only whether Petitioner had been singled out for persecution and did not consider his claim that there was a pattern or practice of persecution of Christians in Indonesia. (Mufied v. Mukasey, 11/20/07)
CA2 Says BIA Abused Discretion in Denying MTR in Chinese Family Planning Case
The court found that the documents submitted in support of the motion to reopen were strikingly similar to the documents in Shou Yung Guo, and that the BIA did not indicate that it “paid any attention to the documents at all.” (Gao v. Mukasey, 11/19/07)
CA8 Upholds Adverse Credibility; Finds Changed Conditions in Sierra Leone
The court upheld the IJ’s adverse credibility finding noting an ID card that appeared altered to match information on a false birth certificate. The court upheld the BIA’s holding that changed conditions precluded a clear probability of persecution finding. (Diallo v. Mukasey, 11/19/07)
CA9 Finds BIA Abused Discretion in Denying MTR Based on Ineffective Counsel
CA9 held that Petitioner had been deprived of meaningful review due to the ineffective assistance of counsel and was entitled to a presumption of prejudice. It found that she failed to establish past persecution in Armenia, but remanded re future persecution. (Grigoryan v. Keisler, 11/19/07)
GAO Report on Haitian Refugee Immigration Fairness Act of 1998
The GAO issued the seventeenth report as required by the Haitian Immigration Fairness Act of 1998. The report lists the number of Haitian nationals who have applied and been approved to adjust their status to lawful permanent residence.
Nursing Mothers and Asylum Seekers — Both Groups Need Alternatives To Detention!
ICE Assistant Secretary highlighted the importance of ICE agents exercising discretion when making arrests of undocumented immigrants who are nursing mothers after a nursing mother was separated from her 6-month-old baby and two young children, and imprisoned for more than 2 weeks.
Asylum Office/NGO Pro Bono Partnership Guidelines for Credible Fear Process
Memo from Joseph Langlois, Chief of USCIS Asylum Division, regarding partnerships between asylum offices and non-governmental organizations to facilitate pro bono consults for individuals in the credible fear process.