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 Finds No Jurisdiction After BIA Reopens Proceedings on its Own Motion
The court held that where the BIA reopens proceedings on its own motion, subsequent to the filing of a petition for review, the petition must be dismissed for lack of jurisdiction because there is no longer a reviewable final order. (Gao v. Gonzales, 9/25/06)
CA2 Says Persecution Does Not Require Serious Injury
The court found that the BIA does not require applicants claiming persecution to show permanent or serious injury and that persecution encompasses a variety of adverse treatment including non-physical forms of harm. (Edimo-Doualla v. Gonzales, 9/19/06)
CA3 Criticizes IJ for Jumping Eagerly on Each Slip of the Tongue
The court held that the IJ’s adverse credibility determination and determination that, if credible, Petitioner’s testimony did not establish past persecution, were not supported by substantial evidence. (Gabuniya v. Gonzales, 9/19/06)
BIA Clarifies Asylum Eligibility for Spouses/Partners in Forced Sterilization/Abortion Cases
The BIA held that an alien whose spouse was forced to undergo an abortion or sterilization can establish past persecution if they were legally married at the time. Matter of S-L-L, 24 I&N Dec. 1 (BIA 2006)
USCIS Notice Describes New Process for Issuing EADs to Asylees
Beginning October 1, 2006, asylees will receive a form I-766 EAD card in the mail within 7-10 days following the issuance of an asylum approval letter. The I-766 EAD will be issued for a 2-year validity period.
CA1 Finds Past Persecution Claim Waived
The court held that Petitioner’s past persecution claim was barred where he failed to set forth a developed argument, despite a heading in his brief titled, “The IJ erred in finding that respondent had not suffered past persecution.” (Silva v. Gonzalez, 9/15/06)
USCIS Provides Lesson Plan on Burden of Proof, Standards of Proof, and Evidence
USCIS provided part four of its lesson plan on asylum eligibility. The lesson describes the various standards of proof that are required in adjudicating affirmative asylum and credible fear cases. The lesson also explains the operation of the burden of proof in the affirmative asylum process.
USCIS Provides Lesson Plan on Nonadversarial Asylum Interview
USCIS provided part one of its Asylum Officer Basic Training lesson plan on interviewing. This lesson provides basic information on the nature of the affirmative asylum interview.
USCIS Provides Lesson Plan on Interviewing - Working With an Interpreter
USCIS provided part six of its Asylum Officer Basic Training lesson plan on interviewing. This lesson explains who can serve as an interpreter, the role and responsibilities of an interpreter, factors that affect accuracy of interpretation, and how to facilitate communication through an interpreter.
Asylum Officer Basic Training Course: Corps Values and Goals
This lesson describes to new asylum officers the values that guide the CIS Asylum Program and explains how those values are embodied in the concrete goals set as a measurement of the program's success.
USCIS Q&A on New Process for Issuing EADs to Asylees
USCIS issued a Q&A discussing the new process, effective October 1, 2006, for issuing EADs to asylees.
Asylum Division Memo on Fingerprinting Requirements and Issuance of Recommended Approvals
Memo dated 9/12/06 from Asylum Division Chief Joseph Langlois outlining procedural changes requiring fingerprinting prior to the asylum interview and restricting issuance of recommended approvals in affirmative asylum cases.
CA8 Upholds Frivolousness Finding in Case of Eritrean Asylum Applicant
The court held it was unnecessary to adopt any “emergent standards” for the regulation which defines a frivolous asylum application because all would be satisfied by the facts in the case. (Kifleyesus v. Gonzales, 9/12/06)
CA11 Finds Exhaustion Necessary for Issues Raised Sua Sponte by BIA
The court refused to review a claim that had not been presented to the BIA, even though the BIA has considered it sua sponte. The court held that the exhaustion doctrine exists to avoid premature interference with administrative processes. (Amaya-Artunduaga v. U.S. Atty. Gen., 9/11/06)
CA11 Finds IJ May Rely on Irrelevant Inconsistencies under REAL ID Act
CA11 dismissed the argument that inconsistencies cited by the IJ for a negative credibility determination were “trivial” and “irrelevant.” It found that, under the REAL ID Act, a credibility determination can be based on “any inaccuracies or falsehoods.” (Chen v. U.S. Atty. Gen., 9/8/06)
CA6 Finds FGM Fear for Daughters Still in Home Country Not Basis for Asylum
The court rejected Petitioner’s claim that she feared her daughters in Guinea would be subjected to FGM as a basis for asylum, noting that she chose to leave her daughters in Guinea. (Bah v. Gonzales, 9/8/06)
CA2 Says IJ Applied Wrong Legal Standard in Albanian Asylum Case
The court found that the IJ’s own words – “the respondent[s have] not met their burden of showing that they would be persecuted upon their return” – demonstrate that he imposed an improperly heightened burden. (Karaj v. Gonzales, 9/5/06)
CA1 Finds Changed Conditions for Politically Active Greek Albanian
The court held that substantial evidence supported the BIA’s finding that conditions had changed in Albania, including the 2003 elections, and the fact that a Greek candidate won in Petitioner’s hometown. (Bollanos v. Gonzales, 8/31/06)
CA1 Upholds BIA Denial of Motion to Reopen Pakistani Asylum Claim
The court found that even if the BIA had accepted as true the newspaper articles submitted with Petitioner’s motion, it could reasonably accept the IJ’s conclusion that Petitioner could find refuge elsewhere in Pakistan. (Abdullah v. Gonzales, 8/31/06)
DOS Decides Material Support Bar Inapplicable to More Ethnic Karen Refugees
The Secretary of State has declared that certain ethnic Karen refugees from Burma in refugee camps in Thailand can be allowed to resettle in the U.S. "even if they have 'provided material support' to the Karen National Union (KNU)."
CA7 Holds Thai DEA Informant Denied Statutory Right to Present Asylum Evidence
CA7 held that Petitioner was denied her right to present evidence in support of her asylum request. The IJ’s refusal to consider Petitioner’s rebuttal to evidence that she committed a serious non-political crime in Thailand was unfair. (Pronsivakulchai v. Gonzales, 8/29/06)
CA7 Rejects IJ’s Denial of Togolese Asylum Claim on Several Grounds
The court found a number of errors that required a remand to the BIA, including unreasonable inferences drawn by the IJ, the IJ’s lack of expertise on conditions in Togo, and the IJ’s finding that the harm suffered by Petitioner did not amount to persecution. (Kantoni v. Gonzales, 8/28/06)
SSA Liaison Committee Practice Tip: EADs and SSNs for E and L Spouses
Practice tip from AILA-SSA Liaison Committee discusses evidence of employment authorization for E and L spouses.
CA2 Says IJ Erred in Using Husband’s I-589 to Deny Wife’s Claim
The court found that the IJ erred by preferring assertions in the husband’s application to those in the wife's and then arbitrarily using the assertions to find her not credible. (Bao v. Gonzales, 8/22/06)
CA7 Finds BIA Erred in Denying Iraqi Christian’s Religious Persecution Case
The court found no reason to disagree with the IJ’s denial of Petitioner’s claim of persecution for political opinion, but concluded the BIA erred in denying Petitioner’s religious and ethnic persecution claims without discussion. (Youkhana v. Gonzales, 8/22/06)