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
CA4 Holds IJ’s Finding of 10% Risk of FGM Based on Speculation
CA4 found that the IJ’s finding that Petitioner would only be at 10% risk of FGM was not supported by substantial evidence. (Haoua v. Gonzales, 1/5/07)
CA7 Upholds Admission of Embassy and Forensic Reports in Asylum Claim
The court noted that the sole test for admissibility of evidence is whether it is probative and its admission fundamentally fair. (Doumbia v. Gonzales, 1/4/07)
USCIS Fact Sheet on Travel Abroad for Asylum Applicants, Asylees, and LPRs
USCIS published a revised fact sheet with guidelines for travel abroad relevant to asylum applicants, asylees, and Lawful Permanent Residents who obtained such status based on their asylum status
CA9 Finds Jurisdiction to Review Withholding and CAT Claim despite CIMT
The court rejected the government’s argument that the AG has absolute discretion in determining whether any crime is a “particularly serious crime,” finding that Petitioner had presented a question of law with regard to his withholding and CAT claims. (Morales v. Gonzales, 1/3/07)
USCIS Releases Reasonable Fear Procedures Manual
USCIS released its 2007 reasonable fear procedures manual due to FOIA litigation. USCIS uses this manual to determine whether immigrants in fast-tracked removal proceedings who express a fear of persecution or torture will have the opportunity to pursue protection in the United States.
CA9 Amends its Hosseini Decision with Footnote on Confidentiality
At govt request, the court amended its 9/28/06 decision to include a footnote which states: “The government points out that it is precluded by regulation from disclosing any information relating to [Petitioner’s] asylum application ‘without written consent.’” (Hosseini v. Gonzales, 12/28/06)
CA1 Orders BIA to Consider Sibling’s Grant of Asylum on Remand
In an Indonesian asylum claim, the court remanded, finding that the BIA failed to address whether the grant of asylum to Petitioner’s brother was material, where the brothers had similar claims. (Ticoalu v. Gonzales, 12/28/06)
CA8 Upholds Adverse Credibility Determination in Forced Sterilization Claim
The court held that in viewing the record as a whole, the IJ’s credibility assessment was supported by reasonable, substantial, and probative evidence. (Zhuang v. Gonzales, 12/22/06)
Presidential Determination on Funding for Forced Migrants from Somalian and Sri Lankan Conflicts
The White House announced its determination that up to $5.215 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund for unexpected, urgent refugee and migration needs resulting from conflicts in Somalia and Sri Lanka. (71 FR 76571, 12/21/06)
CA11 Finds Being Held against One’s Will for Extended Period Is Persecution
The court found that the BIA erred when it found that the cumulative effect of the beatings, threatening phone calls and kidnapping did not amount to persecution, and noted that being held against one’s will for 18 days was “clearly persecution.” (Ruiz v. U.S. Atty. Gen., 12/21/06)
CA1 Finds DHS Rebutted Presumption of Well-Founded Fear in Cambodian Claim
The court held that where a DOS report demonstrates fundamental changes in specific circumstances that form the basis of the presumptive well-founded fear, the report is, in and of itself, sufficient to rebut the presumption. (Chreng v. Gonzales, 12/19/06)
CA4 Finds “Hiding” Is Not a Reasonable Internal Relocation Option
CA4 found BIA’s conclusion that Petitioner could reasonably relocate internally was not supported by substantial evidence, concluding it unreasonable to find that Petitioner was undisturbed while in hiding in her home country for a four-year period. (Bockou Essohou v. Gonzales, 12/15/06)
CA9 Finds a Refugee Is Subject to Removal Even if Status Is Not Terminated
CA9 concluded that, based on a plain reading the statute and deferring to the BIA’s interpretation in In re Smirko, a person who arrives in the U.S. as a refugee may be removed even if refugee status has never been terminated under INA §207(c)(4). (Kaganovich v. Gonzales, 12/12/06)
CA7 Overturns Withholding Denial for Failure to Make Credibility Finding
The court found that it lacked jurisdiction to rule on the timeliness of Petitioner’s asylum claim, but overturned the denial of withholding for lack of corroboration because neither the IJ nor the BIA made an explicit credibility determination. (Ikama-Obambi v. Gonzales, 12/11/06)
ICE Memorandum on Discretion in Custody Determinations for Cases of Extreme or Severe Medical Concern
ICE released a memorandum dated 12/11/06 on prosecutorial discretion when making custody determinations for aliens (adults and/or juveniles) who have severe medical conditions transferring from hospitals and social services or law enforcement agencies.
CA2 Finds Mauritanian Asylum Applicant Not Firmly Resettled in Mali
The court held that the IJ erroneously placed the burden of proof regarding the question of resettlement on the Petitioner and that the IJ’s firm resettlement conclusion was not supported by substantial evidence. (Makadji v. Gonzales, 12/5/06)
CA7 Upholds Denial of Asylum to Ukrainian Prosecutor and His Family
The court held that being a prosecutor is not an unchangeable or fundamental attribute. The court stated that it was Petitioner’s conduct as a prosecutor, and not his status as a member of such a purported social group that caused the alleged persecution. (Pavlyk v. Gonzales, 12/4/06)
CA7 Remands for “Federal Felony Approach,” but Rejects §209(c) Waiver
CA7 found that because it had adopted the “hypothetical federal felony approach,” Petitioner’s heroin possession conviction would not bar asylum. It also upheld the determination that Petitioner was no longer a refugee eligible to adjust status under INA §209(c).(Gutnik v. Gonzales, 11/29/06)
CA9 Holds No Abuse of Discretion in BIA’s Refusal to Reissue Decision
The court held that where the BIA complied with its own regulations when serving its notice of decision, it did not later abuse its discretion in refusing to reopen proceedings and reissue the decision despite Petitioner’s allegation of nonreceipt. (Singh v. Gonzales, 11/28/06)
New York OTDA Provides Information On Free Medical Screening for Refugees
Two letters from the New York OTDA provide information on the Refugee Medical Screening Program which provides free medical screening exams to refugees and asylees, including a list of refugee health screening providers and refugee service providers in both New York City and upstate New York.
CA3 Finds No Constitutional Right to Asylum and Upholds IJ’s Asylum Denial
The court held that there is no constitutional right to asylum and noted that given the discretionary nature of asylum, Petitioner’s argument that the delay violated due process must fail at the threshold. (Mudric v. Gonzales, 11/24/06)
AILA Liaison/TSC Q & As (11/6/06)
In a meeting with AILA Liaison, the TSC answers questions about the transfer of 5,000 H-1B cap subject I-129s to the TSC in July 2006, Phase 3 of Bi-specialization, direct filing of I-485 asylee applications, I-140s requesting consular processing, I-765s pending more than 90 days and other matters.
CA7 Finds No Past Persecution or Well-Founded Fear in Albanian Asylum Claim
The court found that threats and a two-week detention under primitive conditions did not constitute past persecution. It also held that given the change in the political climate, he had not shown a well-founded fear. (Bejko v. Gonzales, 11/13/06)
U.S. Ambassador-at-Large for International Religious Freedom Discusses Latest Countries of Particular Concern
On November 13, 2006, John Hanford, U.S. Ambassador-at-Large for International Religious Freedom, announced the transmittal to Congress of the 2006 Designations of Countries of Particular Concern for Severe Violations of Religious Freedom.
CA2 Overturns IJ’s Finding that Albanian Failed to Show Past Persecution
The court noted that a minor beating or any physical degradation designed to cause pain or other suffering may rise to the level of persecution if it occurred in the context of an arrest or detention on the basis of a protected ground. (Gjolaj v. BCIS, 11/9/06)