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
Detention Standards Violations Complaint Process (Updated 12/12/07)
The DHS Enforcement and Civil Rights/Liberties Committees and ABA have prepared an updated practice advisory for advocates to use when filing detention standard violation complaints with DHS.
EOIR “Backgrounder” on Asylum Variations in Immigration Court
An 11/5/07 EOIR “Backgrounder” proposes that asylum adjudication does not lend itself to statistical analysis. The fact sheet also outlines EOIR’s efforts to ensure quality and improvement in adjudications.
Immigration Law Advisor, October 2007 (Vol. 1, No. 10)
Immigration Law Advisor, an EOIR legal publication, with an article on emerging trends of asylum claims based on female genital mutilation, federal court activity for September 2007, an article on continuances, update on recent BIA precedent decisions, and a regulatory update.
Asylum Officer Basic Training Course: Sources of Authority
This lesson describes the sources of law from which asylum officers derive their authority to act. The lesson provides an overview of the structure of the federal judicial and administrative bodies which render decisions that are binding on asylum officers.
CA9 En Banc Court Vacates Suntharalinkam v. Gonzales (Updated 11/5/07)
Over dissent by Judge Kozinski, the en banc court granted Petitioner’s motion to withdraw his petition for review, conditioned, at the government’s request, upon vacatur of the panel opinion reported at 458 F.3d 1034 (9th Cir. 2006). (Suntharalinkam v. Keisler, 10/31/07)
BIA Finds Respondent with Final Order is Barred from Filing Untimely MTR
The BIA held that an alien who is subject to a final order of removal is barred from filing an untimely motion to reopen removal proceedings to submit a successive asylum application. Matter of C-W-L-, 24 I&N Dec. 346 (BIA 2007)
Stakeholder/USCIS HQ Q & As (10/30/07)
These October 30, 2007, Q & As address Cuban parolees, religious worker case site visits, refugee travel documents, fee waivers, mismatch A numbers on I-485 receipts, waiver applications at the Mexico City District office, re-submission due to fee rejection, and more.
CA1 Finds No Past Harm or Well-Founded Fear, but Faults IJ on Credibility
Though expressing concern over the IJ’s muddled credibility finding, the court found that because Petitioner recounted only one instance of physical abuse, the record did not compel a conclusion of past persecution or a well-founded fear. (Ouk v. Keisler, 10/29/07)
AILA Liaison/NSC Q & As on Refugee/Asylee Issues (10/25/07)
The Q&As address physical presence, aged out derivatives, Liberian refugee I-485s, naturalization of principal asylee while spouse’s I-485 is pending, I-485 photos, biometrics, receipt delays and cashier’s checks, I-94 copies for I-765s, I-485 application “bundling”, and incorrect birth dates.
CA7 Finds IJ Gave Full Opportunity to Seek Asylum; Rejects Equal Pro. Claim
The court held that Petitioner was given the opportunity to apply for asylum. It also held it lacked jurisdiction to review whether NSEERS violated equal protection. (Hussain v. Keisler, 10/24/07)
CA11 Finds Motion to Reconsider a MTR Denial Not Subject to Numerical Bar
The court found that the plain language of §1003.2(b)(2) does not prohibit the filing of a second motion to reconsider if it is for a different BIA decision. It also held that the facts in this case did not merit a remand to the agency. (Calle v. U.S. Att’y Gen., 10/23/07)
Determination on Material Support Provided to Certain Hmong Groups
DOS and DHS determined that material support inadmissibility provisions are inapplicable to material support provided to certain Hmong individuals or groups prior to 12/31/04. U.S. has no plans to initiate resettlement program for Hmong currently residing in Thailand.
Determination on Material Support Provided to Certain Montagnards
The Secretaries of State and Homeland Security determined that material support inadmissibility provisions are inapplicable to material support provided to the Front Unifié de Lutte des Races Opprimées (FULRO), a Vietnamese Montagnard group, before 12/31/92.
State Bar of Texas – LRIN Meeting Minutes (10/20/07)
These State Bar of Texas - Committee on Laws Relating to Immigration and Nationality (LRIN) Meeting Minutes of 10/20/07 discuss issues relating to the San Antonio CIS, EOIR, ProBAR, Texas Department of Health and Human Services, and other issues.
Presidential Determination on FY2008 Refugee Admissions Numbers
A 10/2/07 Presidential Determination and Memo to the Secretary of State on FY2008 refugee admissions numbers and authorizations of in-country refugee status. (72 FR 58991, 10/18/07)
CA1 Rejects “Disfavored Group” Doctrine in Indonesian Asylum Case
The court rejected the “disfavored group” doctrine, noting that the regulations do not require the agency to automatically credit group discrimination to an individual, and that Congress had not delegated authority to the courts to do so. (Kho v. Keisler, 10/16/07)
CA9 Finds Bangladeshi Bihari Eligible for Asylum and Disfavored Group Member
The court held that the cumulative effect of the harms that Petitioner suffered as a Bihari was so severe that no reasonable fact-finder could conclude that it did not rise to the level of persecution. (Ahmed v. Keisler, 10/16/07)
CA6 Upholds Discretionary Denial of Asylum Due to 3 DUI Convictions
The court held that the IJ may consider an asylum applicant’s convictions for an offense like DUI, regardless of whether it is a crime of moral turpitude or a particularly serious crime. (Kouljinski v. Keisler, 10/16/07)
USCIS FAQ V2 on Receipting Delays (10/12/07)
On 10/12/07 USCIS issued an FAQ with new and revised questions and answers about the receipting delays. This FAQ follows the FAQ on receipting delays previously posted on the USCIS website.
CA1 Rejects Salvadoran Gang-Based Asylum Claim
The court upheld the denial of asylum, finding that the IJ and BIA’s conclusion that the Salvadoran government was willing and able to confront Petitioner’s potential persecutor was supported by substantial evidence. (Ortiz-Araniba v. Keisler, 10/11/07)
CA7 Rejects Pakistani Asylum Claim Based on 1-Year Deadline & Lack of Nexus
The court upheld the IJ findinsg that Petitioner failed to show extraordinary circumstances to excuse his delay in filing for asylum and that that his fear of persecution was on account of a protected ground. (Tariq v. Keisler, 10/9/07)
Fact Sheet on Findings Concerning Forms I-867 and I-870
U.S. Commission on International Religious Freedom fact sheet on findings concerning Forms I-867 and I-870 from a congressionally-mandated study on asylum seekers in expedited removal.
Immigration Law Advisor, September 2007 (Vol. 1, No. 9)
Immigration Law Advisor with an article on issues arising in coercive population control asylum claims, federal court activity for August 2007, an article on recent developments on the issue of notice and delivery, update on recent BIA precedent decisions, and a regulatory update.
BIA Finds FGM is “Fundamental Change in Circumstances”
The BIA held that female genital mutilation (FGM) is a harm that is inflicted only once, thus the procedure itself will normally constitute a “fundamental change in circumstances” such that asylee no longer has a well-founded fear of persecution. Matter of A-T-, 24 I&N Dec. 296 (BIA 2007)
Fact Sheet on Discretionary Material Support Exemption and the FARC
This 9/26/07 Fact Sheet addresses the DHS Secretary’s discretionary authority to exempt from the material support inadmissibility provision certain individuals who provided material support under duress to the Revolutionary Armed Forces of Colombia (FARC).