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, 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)
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)
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.
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)
CA2 Finds Sexual Assault Was Motivated by Protected Ground
The court found that the beatings and sexual assault were motivated in part by an imputed political opinion and Petitioner’s Tamil ethnicity and that the assault cannot be viewed as simply a criminal act. (Rizvie v. Gonzales, 2/28/07)
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).
CA3 Remands for Analysis of “Particularly Serious Crime” Bar to CAT Relief
The court remanded to the BIA, finding that the IJ failed to discuss why Petitioner’s conviction did not meet the requirements for an exception to the particularly serious crime presumption. (Lavira v. U.S. Att’y Gen., 2/26/07)
CA8 Finds Lack of Jurisdiction to Review Timeliness of Asylum Application
The court found that it was precludedfrom reviewing the timeliness of an asylum applicatio, and noted that it was granted limited jurisdiction under REAL ID Act to review constitutional claims or errors of law, but that the date of entry was a factual finding. (Yakovenko v. Gonzales, 2/23/07)