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 Upholds AG Decision in Matter of Jean, Remands CAT Claim
CA7 rejected Petitioner’s argument that Matter of Jean is inconsistent with INA §209(c), which allows the AG to waive grounds of inadmissibility. Re the CAT claim, it found the BIA ignored key evidence and erred in not finding past harm. (Ali v. Achim, 11/6/06)
CA3 Finds Pattern of Persecution of Eritrean Pentecostals
The court found that the record suggested a pattern or practice of persecution of Pentecostals in Eritrea and that the IJ committed legal error in finding that Petitioner could not prevail on his CAT claim because his claim for asylum was denied. (Ghebrehiwot v. Atty. Gen., 11/3/06)
CA7 Finds No Persecution Per Se of Midgan Clan Members in Somalia
The court held that Petitioner had not satisfied the objectively reasonable standard applicable in “pattern or practice” persecution cases, finding that although the Midgan are not treated well in Somalia, their poor treatment is not a systemic or organized effort.(Ahmed v. Gonzales, 11/2/06)
CA6 Joins Two Other Circuits in Rejecting BIA’s In re S-V- CAT Decision
The court joined CA2 and CA9 in holding that the BIA’s In re S-V- decision conflicts with Congress’s intent to include “willful blindness” in the definition of acquiescence. (Amir v. Gonzales, 11/2/06)
BIA Rules REAL ID Only Applies to Applications Filed Affer Effective Date
The BIA held that REAL ID provisions apply only to relief applications initially filed with an asylum officer or IJ on or after 5/11/05 – not to an asylum application filed with an asylum officer prior to this date but subsequently renewed. In re S-B-, 24 I&N Dec. 42 (BIA 2006)
CA2 Remands Due to New Documents on Forced Sterilization
The court found that despite earlier rulings, documents presented in a recent case suggest that there may in fact be an official policy of forced sterilization in the Fujian province, which may undermine the reliance of DOS reports. (Lin v. Gonzales, 10/30/06)
CA7 Finds Government Had Burden to Show Changed Conditions in Kosovo
The court noted that the IJ fully credited Petitioner’s testimony and concluded that he had been persecuted in the past,and found that the IJ erred in holding insufficient evidence of fear o future persecution if Petitioner returned to Kosovo.(Balliu v. Gonzales, 10/27/06)
CA11 Overturns IJ’s Finding that Asylum Applications Were Frivolous
The court determined that an IJ has authority to enter a ruling of frivolousness for an asylum application that has been found to be untimely filed, and concluded that the IJ and BIA failed to provide an opportunity to address inconsistencies. (Mingkid v. U.S. Atty. Gen., 10/26/06)
CA5 Rejects Asylum Claims of Eritrean-Ethiopian Couple Who Fear Separation
CA5 rejected wife’s claim that she would be persecuted in Eritrea and husband’s claim that he suffered past, and feared future, persecution in Ethiopia, findingno legal authority for asylum for a married couple if deportation would separate them. (Tesfamichael v. Gonzales, 10/24/06)
Report to Congress on Proposed Refugee Admissions for FY2007
The Proposed Refugee Admissions for Fiscal Year 2007: Report to the Congress was submitted by the Department of State on behalf of the President in compliance with Section 207(e) of the Immigration and Nationality Act (INA).
DOS Decides Material Support Inapplicable to Chin Refugees from Burma
Secretary of State Condoleezza Rice announced that that Chin refugees from Burma living in Malaysia, Thailand, and India can resettle in the United States even if they have provided "material support" to the Chin National Front (CNF) or Chin National Army (CNA).
CA7 Criticizes IJ But Upholds Asylum Denial of Moroccan Christian Convert
CA7 found that the IJ overstepped the bounds of neutrality and noted that the number of asylum cases involving intemperate judges should sound a warning bell. The court, however, upheld the determination of lack of well-founded fear of persecution in Morocco. (Chakir v. Gonzales, 10/19/06)
DOS Liaison Report on Fall 2006 NVC Tour
The report of the 2006 AILA visit to the Department of State’s National Visa Center (NVC) provides an overview of case processing, document collection and review, scheduling appointments, and inquiry submission, as well as Q&As.
CA11 Remands Religious Persecution Claim of Jehovah’s Witness from Georgia
The court found that the IJ and BIA did not give reasoned consideration to the claim and did not make adequate findings regarding the level and relevance of the Petitioner's knowledge of the tenets of his faith. (Mezvrishvili v. U.S. Atty. Gen., 10/17/06)
CA2 Remands Issue of Whether Two Children in China Is a Basis for Asylum
The court remanded the question of whether having more children than Chinese law allows, standing alone, may serve as a basis for asylum, noting that the question is not clearly answered by the statutory definition of refugee. (Shao v. BIA, 10/12/06)
Langlois Memo on Asylum Office FY 2006 Year-In-Review
A 10/10/06 memo from Joe Langlois, Chief, Asylum Division, USCIS, reviews FY 2006, including productivity, timeliness and backlog elimination efforts; deployment of US-VISIT; telephonic monitoring for affirmative asylum interviews; and sharing of asylum seekers’ biometric data with Canada.
CA7 Remands Asylum Claim for Analysis of Social Group Argument
The court found that the Petitioner’s social group was “former” employees of the Attorney General’s Office and remanded because the IJ failed to explain his conclusion that Petitioner would not be persecuted if returned to Colombia. (Sepulveda v. Gonzales, 10/2/06)
Supreme Court Remands CA9 Asylum Case Based on Harm to Disabled Child
The Court granted the cert petition, vacated the Ninth Circuit’s decision permitting an asylum-seeker to base her claim on the harm suffered by her disabled child, and remanded the case for further consideration in light of Gonzales v. Thomas. (Gonzales v. Tchoukhrova, 10/2/06)
CA1 Finds Cambodian Asylum Applicant Failed to Link PTSD to Past Harm
The court upheld the IJ’s determination that Petitioner did not have a well-founded fear of future persecution and that Petitioner failed to show that her PTSD was related to persecution. (Ouk v. Gonzales, 9/29/06)
Aytes Memo on the Processing of EADs Pending at Local Offices Prior to 9/1/06
In a September 29, 2006 Memo, USCIS Associate Director of Domestic Operations Michael Aytes addresses the processing of I-765 applications that were pending at local offices prior to September 1, 2006 and which have not yet been adjudicated.
USCIS Issues a Notice on Form I-730 Filing Changes
As of October 1, 2006, I-730 Refugee/Asylee Relative applications should be filed at either the Nebraska Service Center or the Texas Service Center, depending on the petitioner’s state of residence. Filing guidelines for Form I-730 are available on the USCIS web site.
AILA/NSC Q & As on Refugee/Asylee Issues (9/28/06)
NSC Q & As on refugee/asylee issues include: incorrect filing fee rejections; new G-28s with RFE response; RTDs; I-765s; I-730s; biometrics; FBI Name Checks; material support; non-receipt of biometrics notices; priority dates and transfer of I-485s; refugee Class B issues; and I-693s.
CA9 Finds Iranian MEK Supporter Qualifies for Deferral of Removal under CAT
CA9 found sufficient evidence to show that Iranian officials could identify petitioner as a supporter of the MEK and would likely torture him. Finding that CAT provides relief for suffering beyond lawful sanctions, the court held for deferral of removal. (Hosseini v. Gonzales, 9/28/06)
CA1 Upholds Adverse Credibility Finding Despite Child’s Asylum Grant
The court held that the IJ gave specific cogent reasons for disbelieving Petitioners, including their failure to mention their daughter’s kidnapping in their motion to reopen and numerous inconsistencies. (Dine v. Gonzales, 9/27/06)
CA1 Upholds Adverse Credibility Finding in Chinese Christian Asylum Case
The court found that Petitioner only addressed two of the 11 reasons enumerated for the adverse credibility finding, and that the finding would stand even if the IJ correctly analyzed Petitioner’s testimony about his job discharge. (Zheng v. Gonzales, 9/26/06)