Featured Issues

Featured Issue: Asylum Under Trump 2.0

11/21/25 AILA Doc. No. 25112100. Asylum & Refugees

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.

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Cases & Decisions, Federal Court Cases

CA9 Reverses IJ’s Determination that Asylum Seeker Must Prove Identity

The court held that INA §208(d)(5)(A) imposes duties on the AG and DOS to check the identities of asylum applicants and that there is no new burden on an asylum-seeker under this provision. (Kalouma v. Gonzales, 8/28/07)

8/28/07 AILA Doc. No. 07101260. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA7 Upholds BIA’s Denial of MTR Based on Changed Personal Circumstances

The court agreed with the BIA that INA §240(c)(7)(C)(ii) allows for motions to reopen beyond the 90-day time limit based only on changed country conditions, not a change in personal circumstances. (Chen v. Gonzales, 8/23/07)

8/23/07 AILA Doc. No. 07092167. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA7 Rejects BIA’s Finding that Applicant’s FGM Claim Was Not Well-Founded

The court held that Petitioner’s testimony was corroborated by an affidavit from her doctor and an affidavit from her and her father’s pastor in Nigeria verifying that her in-laws sought to have her undergo FGM.(Oyekunle v. Gonzales, 8/22/07)

8/22/07 AILA Doc. No. 07092166. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

USCIS Notice to Individuals Granted Immigration Benefits by an IJ or the BIA

A USCIS notice to individuals granted immigration benefits by an immigration judge or the Board of Immigration Appeals. Guidance is provided on obtaining documentation of status.

8/21/07 AILA Doc. No. 07082160. Adjustment of Status, Asylum & Refugees, Removal & Relief
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA8 Rejects One-Year Deadline Asylum Claim Based on UN Refugee Protocol

CA8 held that it lacked jurisdiction to review the reasons for filing outside the one-year deadline, but that it did have jurisdiction to address whether the one-year deadline conflicted with the UN Refugee Protocol. It found the argument without merit.(Purwantono v. Gonzales, 8/17/07)

8/17/07 AILA Doc. No. 07092168. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA2 Says BIA Must Give Opportunity to Rebut Administrative Notice

The court held that the BIA erred when it failed to give Petitioner notice and the opportunity to rebut its intention to consider as administratively noticed the fact that the Mislosevic regime had been dismantled. (Burger v. Gonzales, 8/17/07)

8/17/07 AILA Doc. No. 07101262. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA2 Rejects Humanitarian Asylum for Lack of Physical/Mental Harm

The court found no evidence of long-lasting physical or mental effects of the persecution Petitioner suffered, which included physical attacks, the rape of his wife in his presence, and burning his house to the ground. (Jalloh v. Gonzales, 8/17/07)

8/17/07 AILA Doc. No. 07091866. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

Langlois Memo on Minor Principal Asylum Applicants and Changes to RAPS

An 8/14/07 Memo from Joseph Langlois, USCIS Asylum Division Chief, addresses updated procedures for minor principal asylum applicants and changes to RAPS, the asylum database.

8/14/07 AILA Doc. No. 07092564. Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA9 Finds Cambodian Prison Guard Not Subject to Persecutor Bar to Asylum

The court found that a Cambodian prison guard, who unlocked doors to prisoners’ cells based on instructions from superiors and led them back to their cells after interrogations, was not subject to the persecutor bar to asylum and withholding. (Im v. Gonzales, 8/13/07)

8/13/07 AILA Doc. No. 07091867. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Finds IJ Erred in Denying Asylum as a Matter of Discretion

The court found that Petitioner’s use of false documents in fleeing Iraq was not a proper reason for a discretionary denial of asylum. The court also found that Petitioner presented clear reasons for not applying for asylum in 3 other countries. (Gulla v. Gonzales, 8/13/07)

8/13/07 AILA Doc. No. 07101261. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA2 Asks BIA for Position on Forced IUD Insertion

The court remanded for the BIA to articulate its position concerning whether, and under what conditions, forced insertion of an IUD constitutes persecution. (Zheng v. Gonzales, 8/10/07)

8/10/07 AILA Doc. No. 07091764. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Finds IJ Should Consider Asylum Claim from Small Child’s Perspective

The court found that the IJ erred in not looking at the events from the perspective of Petitioners who were children at the time of the past harm. (Hernandez-Ortiz v. Gonzales, 8/8/07)

8/8/07 AILA Doc. No. 07091868. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA11 Upholds Matter of S-L-L-; Rejects Unmarried Father’s Asylum Claim

The court concluded that the BIA’s decision in Matter of S-L-L-, to deny derivative protection to unmarried fathers of aborted children, is not unreasonable. (Yang v. Gonzales, 8/8/07)

8/8/07 AILA Doc. No. 07091765. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA8 Rejects Asylum Claim of Blind Albino from Indonesia

The court found that substantial evidence supported the BIA’s finding that the harassment and economic deprivation suffered by Petitioner in Indonesia did not amount to past persecution. (Makatengkeng v. Gonzales, 8/3/07)

8/3/07 AILA Doc. No. 07091763. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds that MTRs Carry Heavy Burden to Show "Changed Circumstances"

The BIA held that respondent did not meet the heavy burden to show that her proffered evidence is material and reflects “changed circumstances arising in the country of nationality” regarding Chinese birth planning policies. Matter of S-Y-G-, 24 I&N Dec. 247 (BIA 2007)

8/2/07 AILA Doc. No. 07080662. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

Immigration Law Advisor, July 2007 (Vol. 1, No. 7)

Immigration Law Advisor with an article on circuit court decisions in Chinese coercive population control cases, federal court activity for June 2007, an article on Colombian asylum cases, update on recent BIA precedent decisions, and a regulatory update.

8/1/07 AILA Doc. No. 07080199. Asylum & Refugees, Removal & Relief
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA7 Finds Economic Harm Did Not Amount to Persecution in One-Child Claim

The court found that the damage to Petitioner’s home was insufficient to show economic persecution. The court noted that Petitioner maintained employment, registered his son without paying a fine, and his two children attended public school. (Zhang v. Gonzales, 7/31/07)

7/31/07 AILA Doc. No. 07090767. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA7 Finds Detention and Beatings in Cameroon Amount to Persecution/Torture

CA7 held that Petitioner established that she suffered persecution on account of her political opinions, having suffered two severe beatings after voicing her opposition to the government. It held that the beatings constituted torture for CAT relief. (Tchemkou v. Gonzales, 7/31/07)

7/31/07 AILA Doc. No. 07090766. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA2 Remands for Clarification of Asylum Frivolousness Guidelines

The court vacated the findings of frivolousness and remanded to allow the BIA to interpret and apply the relevant statutes and regulations governing frivolousness under the BIA's standards in Matter of Y-L-. (Yang v. Gonzales, 7/31/07)

7/31/07 AILA Doc. No. 07090764. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies, Liaison Minutes

AILA Liaison/NSC Q & As on "Other" Product Line Issues (7/26/07)

NSC 7/26/07 Q&As address G-28s and I-90s; I-765s for L-2s, E-1/E-2 dependents, J-2 dependents, & F-1 applicants; I-824s; I-131 Refugee Travel Documents; I-751s, a DOS favorable recommendation letter for a 212(e) waiver vs. an I-612 approval notice; N-400s and biometrics for an applicant abroad.

Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA5 Finds Abortion Was Forced, Not Voluntary, and Grants Withholding

The court held that Petitioner’s abortion was forced because a reasonable person in her position would objectively view the threats for refusing the abortion to be genuine and that the harm, if carried out, would rise to the level of persecution.(Zhu v. Gonzales, 7/23/07)

7/23/07 AILA Doc. No. 07090765. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

USCIS to Discontinue Use of Prepaid Mailers to Send Notices and Documents

USCIS announced that as of 7/30/07, it will only accept “prepaid mailers.” These mailers can be used to return notices and documents to an applicant or petitioner, for refugee travel documents and reentry permit applications.

7/23/07 AILA Doc. No. 07072368. Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA9 Remands for Proper Country of Removal; Refuses to Rule on W/H and CAT

CA9 found that IJ did not follow the proper steps under Jama and erred in designating Ethiopia as the country of removal. It refused to rule on the withholding and CAT claims because each presumes removal to Ethiopia. (Hadera v. Gonzales, 7/18/07)

7/18/07 AILA Doc. No. 07090768. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA1 Rejects Colombian Asylum Claim for Lack of Nexus to a Protected Ground

The court upheld the IJ’s finding that whoever was threatening Petitioner targeted her because of greed, not her political opinion or membership in a particular social group. (Lopez de Hinacapie v. Gonzales, 7/17/07)

7/17/07 AILA Doc. No. 07082760. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA11 Finds Attempted Murder is Persecution in Colombian Asylum Case

The court held that the record in the case compelled the conclusion that Petitioner suffered past persecution. The court found that intentionally being shot at in a moving car by two men on motorcycles qualifies as “extreme” under any definition. (Sanchez Jimenez v. U.S. Att’y Gen., 7/17/07)

7/17/07 AILA Doc. No. 07082762. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Accessible to Public.