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
BIA Finds No Well-founded Fear for Chinese Parent with Second Child
The BIA held that the evidence did not demonstrate the Chinese has a national policy of requiring forced sterilization of a parent who returns with a second child born abroad or that local sanctions would rise to the level of persecution. Matter of J-W-S-, 24 I&N Dec. 185 (BIA 2007)
CA2 Upholds Negative Credibility Due to Similar I-589 in Different Case
The court held that an IJ may consider “inter-proceeding” similarities in asylum applications in making a credibility determination and found that the IJ was reasonable in relying on these similarities because of his rigorous approach. (Ye v. Gonzales, 6/6/07)
CA9 Finds Forced Abortion is Broad Concept; Does Not Require Physical Force
The court held that Petitioner suffered persecution where his wife was forced by her employer to abort her pregnancy, and she cried during the abortion that was performed without anesthesia. The court held he also qualified for withholding. (Tang v. Gonzales, 6/6/07)
CA11 Finds No Nexus in Asylum Claim of Colombian Dentist
The court held that the record supported the conclusion that Petitioner was threatened for his refusal to provide dental services, which lacks a nexus between political opinion and persecution. (Rodriguez-Morales v. U.S. Att’y Gen., 6/6/07)
Langlois Memo on Processing Asylum Cases Involving Material Support
This 6/1/07 Memo from Joseph E. Langlois, Asylum Division Chief, Office of Refugee, Asylum, and International Operations, discusses processing of asylum division cases involving material support.
Chertoff Statement on New Security Procedures for Iraqi Refugees Seeking Resettlement in the U.S.
On 5/29/07 DHS released a statement by Secretary Chertoff on new security screening procedures for Iraqi refugees applying for resettlement in the U.S.
CA4 Overturns IJ’s Denial in Chinese One-Child Claim on Issue of Past Harm
CA4 found that the IJ did not make an adverse credibility finding regarding Petitioner’s evidence of his wife’s forced abortion, and thus a determination that his lack of credibility re is own fear of sterilization does not defeat his asylum claim. (Lin-Jian v. Gonzales, 5/30/07)
CA7 Finds Flaws in BIA’s Denial of Cameroonian FGM Asylum Claim
The court held that the BIA disregarded key evidence specific to Petitioners’ claim, relying instead on general background evidence, and then faulted Petitioners for failing to offer specific evidence. (Agbor v. Gonzales, 5/25/07)
CA11 Overturns IJ and Finds Ukrainian Azerbajani Suffered Past Persecution
The court found that it was clear that the protests, beatings, arrests, searches, interrogations, imprisonments and death threats amounted to persecution. The court found that the IJ erred in focusing on the lack of corroboration. (Niftaliev v. U.S. Att’y Gen., 5/25/07)
CA11 Finds Applicants Suffered Past Persecution; No Withholding for Spouse
CA11 concluded that the cumulative effect of two attacks, continuing threatening phone calls, and vandalism to a car amounted to past persecution, but that under withholding there are no derivative benefits for spouses, unlike for asylum grantees. (Delgado v. U.S. Atty. Gen., 5/25/07)
Scharfen Memo on Processing the Discretionary Exemption to Inadmissibility for Having Provided Material Support
This 5/24/07 Memo from Jonathan Scharfen, Deputy Director, U.S. Citizenship and Immigration Services discusses processing the discretionary exemption to the inadmissibility ground for having provided material support to certain terrorist organizations.
CA11 Rejects Colombian Asylum Claim for Failure to Show Nexus
CA11 found there was no dispute that the FARC had persecuted Petitioners, in part, because they were wealthy and refused to pay a war tax, but that this did not mean that Petitioners’ fear of persecution was on account of political opinion. (Cardona Rivera v. U.S. Att’y Gen, 5/23/07)
CA1 Finds Persecutor Bar Requires Culpable Knowledge
The court held that the persecutor bar should not apply to Petitioner, a former lieutenant in the Peruvian military, if his version of his state of mind is accepted, that is, if he had no knowledge of the murder of civilians. (Castaneda-Castillo v. Gonzales, 5/23/07)
CA8 Holds IJ Improperly Excluded Expert Report and Testimony in Asylum Case
The court held that the IJ’s exclusion of experts’ reports and testimony likely affected the outcome of the asylum proceedings and resulted in the violation of Petitioner’s due process rights. (Tun v. Gonzales, 5/21/07)
CA6 Reverses IJ’s Adverse Credibility Finding; Recommends New IJ on Remand
The court found that the IJ focused on irrelevant and arguably nonexistent inconsistencies in making his adverse credibility finding. (Mapouya v. Gonzales, 5/18/07)
CA7 Holds Palestinian Is Citizen of Jordan Based on Admission at Hearing
The court upheld the IJ’s removal order to Jordan for a West Bank Palestinian, stating that it suspected that he was stateless, not a Jordanian citizen, based on West Bank history. (Zahren v. Gonzales, 5/17/07)
List of Immigrant and Nonimmigrant Class of Admission Codes
The DHS Office of Immigration Statistics provides a chart listing Immigrant and Nonimmigrant Class of Admission codes, the relevant section of law, and description.
CA7 Remands Claim of Chinese Christian Where IJ Quizzed Applicant on Bible
The court reversed the adverse credibility determination holding that the IJ impermissibly relied on his perceived common knowledge about the Bible when he concluded that Petitioner had only a rudimentary knowledge of Christianity.(Jiang v. Gonzales, 5/14/07)
USCIS Fact Sheet on Secretary Chertoff's 4/27/07 Material Support Memo
USCIS addressed DHS Secretary Chertoff’s exercise of authority under Section 212(d)(3)(B)(i) of the INA in a 4/27/07 memo, which established a framework for potential exemption from inadmissibility to persons who provided material support to terrorist organizations under duress.
DHS Issues Notice of Determination on Material Support Provided Under Duress
Secretary Chertoff discretionary determination that § 212(a)(3)(B)(iv)(VI) of the INA shall not apply with respect to material support provided under duress to a terrorist organization as described in § 212(a)(3)(B)(vi)(I) or § 212(a)(3)(B)(vi)(II). (72 FR 26138, 5/8/07)
CA8 Finds Past FGM Is Persecution and Basis for Asylum
The court joined the growing number of circuits holding that FGM rises to the level of persecution. CA8 held here that the persecution was on account of her membership in the particular social group of Somali females. (Hassan v. Gonzales, 5/7/07)
USCIS Publishes Revision of Comment Request on Form I-730
USCIS revision of a request for comments on Form I-730, Refugee/Asylee Relative Petition. Comments are due 7/3/07. (72 FR 25326, 5/4/07)
CA2 Upholds BIA’s Adverse Credibility Finding after Stipulated Remand
The court concluded that the BIA’s adverse credibility finding was not prohibited by the terms of CA2's stipulated remand, the regulatory scheme governing remands, or due process considerations. (Belortaja v. Gonzales, 4/27/07)
DHS Secretary Chertoff Issues Guidance on Material Support
Chertoff memo establishes a framework for potential exemption from inadmissibility to persons who provided material support to terrorist organizations under duress. It lists factors to be considered.
BIA Discusses "Frivolous" Asylum Determinations
The BIA held that IJs must address the question of frivolousness separately and that the applicant must be given sufficient opportunity to account for any discrepancies or implausible aspects of the claim. Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007)