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 Vacates Asylum Denial Due to IJ’s Bias in Religious Persecution Case
The court found that the IJ manifested a clear bias against Petitioners and that Petitioners were denied a reasonable hearing when they were labeled religious “zealots” by the IJ who also found that their exercise of religion was “offensive.” (Floroiu v. Gonzales, 4/2/07)
CA8 Finds IJ’s Bias Requires Remand in Albanian Homosexual Asylum Case
The court held that the IJ’s credibility finding was not supported by substantial evidence and noted that the BIA excised certain findings by the IJ, but found that the BIA did not explain how the remaining findings were not tainted by the IJ’s bias. (Shahinaj v. Gonzales, 4/2/07)
CA8 Upholds BIA’s MTR Denial for Failure to Show Lack of Relocation Option
CA8 found that there was no evidence that the North Sulawesi region of Indonesia was unsafe for Christians and that the BIA did not abuse its discretion in denying the motion to reopen.(Poniman v. Gonzales, 4/2/07)
Immigration Law Advisor, March 2007 (Vol. 1, No. 3)
Immigration Law Advisor with an article on when a public official acquiesces to torture committed by a third party, an article on the “fugitive disentitlement doctrine,” federal court activity and recent BIA decisions for February 2007, a regulatory update, and a legislative update.
CA2 Rejects Adverse Credibility Based on Non-Record Evidence
The court found that the IJ mischaracterized Petitioners' testimony and improperly relied on non-record evidence from a previous hearing for which there was no transcript. (Gao v. BIA, 3/28/07)
CA8 Remands Ugandan Lesbian Asylum Claim due to Inadequate Findings by IJ
The court found that the IJ erred in concluding that Petitioner had to demonstrate persecution at the hands of government officials, when persecution may be inflicted by persons or an organization that the government was unable or unwilling to control.(Nabulwala v. Gonzales, 3/21/07)
CA7 Cites “Significant, Unexplained Gaps” in Record to Support Recission of In Absentia Order
The court held that due to significant, unexplained gaps in the government’s record, the IJ’s conclusion that Petitioner failed to inform the asylum office of his change of address was not supported by substantial evidence.(Terezov v. Gonzales, 3/15/07)
Minutes From 03/06/07 Asylum HQ Liaison Meeting
Minutes of the 03/06/07 Headquarters Asylum Office meeting with NGOs, discussing such topics as Credible Fear/Reasonable Fear and Expedited Removal, USCIRF Two Year Anniversary, Material Support, Iraqi Asylum Claims, Derivative Asylee Travel, and Proposed Fee Increase.
CA7 Overturns IJ’s Negative Credibility Finding Based on Minor Discrepancies
The court found that the IJ’s negative credibility determination was not based on analysis of the evidence as a whole, noting that the IJ’s decision turned on unimportant discrepancies between Petitioner’s testimony and earlier accounts of irrelevant subjects. (Adekpe v. Gonzales, 3/14/07)
CA2 Upholds Denial of Cameroonian Asylum Claim Based on Suspect Document
The court held that the IJ’s adverse credibility determination was supported by Petitioner’s submission of a suspect document and rested on permissible inferences, not bald speculation. (Siewe v. Gonzales, 3/13/07)
DOS Requests Comments on Medical Examination Forms for Immigrants or Refugees
DOS issued a notice of information collection on Form DS-2053, Medical Examination for Immigrant or Refugee Applicant; DS-3025, Vaccination Documentation Worksheet; and DS-3026, Medical History and Physical Examination Worksheet. Comments due 60 days from 3/9/07. (72 FR 10810, 3/9/07)
CA6 Upholds Neg. Credibility Finding; Rejects Use of Minor Inconsistencies
The court concluded that there was sufficient inconsistency in the record to support the IJ’s adverse credibility determination in this Tunisian asylum case, but noted that many alleged inconsistencies were irrelevant or not inconsistent. (Ben Hamida v. Gonzales, 3/7/07)
DHS Determination on Material Support Provided Under Duress
USCIS determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply to material support provided under duress to a terrorist organization as described in subsection 212(a)(3)(B)(vi)(III), if warranted by the totality of the circumstances. (72 FR 9958, 3/6/07)
DHS Determination on Material Support Provided to the Karenni National Progressive Party
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Karenni National Progressive Party by an applicant who meets specific criteria. (72 FR 9955, 3/6/07)
DHS Determination on Material Support Provided to the Chin National League for Democracy
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Chin National League for Democracy by an applicant who meets specific criteria. (72 FR 9957, 3/6/07)
DHS Determination on Material Support Provided to the Chin National Front/Chin National Army
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Chin National League for Democracy by an applicant who meets specific criteria. (72 FR 9957, 3/6/07)
DHS Determination on Material Support Provided to the Arakan Liberation Party
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Arakan Liberation Party by an applicant who meets specific criteria. (72 FR 9956, 3/6/07)
DHS Determination on Material Support Provided to the Mustangs
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Mustangs by an applicant who meets specific criteria. (72 FR 9956, 3/6/07)
DHS Determination on Material Support Provided to the Karen National Union/Karen Liberation Army
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Karen National Union/ Karen Liberation Army by an applicant who meets specific criteria. (72 FR 9955, 3/6/07)
DHS Determination on Material Support Provided to the Kayan New Land Party
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Kayan New Land Party by an applicant who meets specific criteria. (72 FR 9954, 3/6/07)
DHS Determination on Material Support Provided to the Alzados
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Alzados by an applicant who meets specific criteria. (72 FR 9954, 3/6/07)
CA9 Finds Ukrainian Whistleblower Was Persecuted for his Political Opinion
The court held that the BIA erred in finding that Petitioner’s whistleblowing was not political opinion. The court found his whistleblowing was political because it was directed “toward a government institution.” (Fedunyak v. Gonzales, 3/2/07)
CA8 Finds Iraqi Filed Frivolous Asylum Claim; Denies Asylum, W/H, and VAWA
The court found that the IJ’s determination that Petitioner filed a frivolous asylum application was supported by substantial evidence. The court also found that substantial evidence supported the IJ’s negative credibility finding. (Aziz v. Gonzales, 3/1/07)
CA8 Upholds Finding that Indonesian Christians Lack Well-Founded Fear
The court held that the past incidents suffered by Petitioners did not amount to persecution because they were limited to minor damage to their car and home, a robbery, and fleeing from a church unharmed. (Lengkong v. Gonzales, 3/1/07)
USCIS Fact Sheet on Guatemalan Asylum Applicants, ABC Class Benefits & NACARA
A 2/28/07 USCIS Fact Sheet provides an overview of relief for Guatemalan asylum applicants, following the ABC settlement agreement and Section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA).