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
DHS Determination on Material Support Provided to the Arakan Liberation Party
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Arakan Liberation Party by an applicant who meets specific criteria. (72 FR 9956, 3/6/07)
DHS Determination on Material Support Provided to the Mustangs
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Mustangs by an applicant who meets specific criteria. (72 FR 9956, 3/6/07)
DHS Determination on Material Support Provided to the Karen National Union/Karen Liberation Army
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Karen National Union/ Karen Liberation Army by an applicant who meets specific criteria. (72 FR 9955, 3/6/07)
DHS Determination on Material Support Provided to the Kayan New Land Party
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Kayan New Land Party by an applicant who meets specific criteria. (72 FR 9954, 3/6/07)
DHS Determination on Material Support Provided to the Alzados
On 3/6/07 USCIS published a notice of determination that INA subsection 212(a)(3)(B)(iv)(VI) will not apply with respect to material support provided to the Alzados by an applicant who meets specific criteria. (72 FR 9954, 3/6/07)
CA9 Finds Ukrainian Whistleblower Was Persecuted for his Political Opinion
The court held that the BIA erred in finding that Petitioner’s whistleblowing was not political opinion. The court found his whistleblowing was political because it was directed “toward a government institution.” (Fedunyak v. Gonzales, 3/2/07)
CA8 Finds Iraqi Filed Frivolous Asylum Claim; Denies Asylum, W/H, and VAWA
The court found that the IJ’s determination that Petitioner filed a frivolous asylum application was supported by substantial evidence. The court also found that substantial evidence supported the IJ’s negative credibility finding. (Aziz v. Gonzales, 3/1/07)
CA8 Upholds Finding that Indonesian Christians Lack Well-Founded Fear
The court held that the past incidents suffered by Petitioners did not amount to persecution because they were limited to minor damage to their car and home, a robbery, and fleeing from a church unharmed. (Lengkong v. Gonzales, 3/1/07)
USCIS Fact Sheet on Guatemalan Asylum Applicants, ABC Class Benefits & NACARA
A 2/28/07 USCIS Fact Sheet provides an overview of relief for Guatemalan asylum applicants, following the ABC settlement agreement and Section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA).
CA2 Finds Sexual Assault Was Motivated by Protected Ground
The court found that the beatings and sexual assault were motivated in part by an imputed political opinion and Petitioner’s Tamil ethnicity and that the assault cannot be viewed as simply a criminal act. (Rizvie v. Gonzales, 2/28/07)
CA3 Remands for Analysis of “Particularly Serious Crime” Bar to CAT Relief
The court remanded to the BIA, finding that the IJ failed to discuss why Petitioner’s conviction did not meet the requirements for an exception to the particularly serious crime presumption. (Lavira v. U.S. Att’y Gen., 2/26/07)
CA8 Finds Lack of Jurisdiction to Review Timeliness of Asylum Application
The court found that it was precludedfrom reviewing the timeliness of an asylum applicatio, and noted that it was granted limited jurisdiction under REAL ID Act to review constitutional claims or errors of law, but that the date of entry was a factual finding. (Yakovenko v. Gonzales, 2/23/07)
CA8 Remands Mexican CAT Claim to BIA
CA8 noted that the BIA is required to defer to the factual findings of the IJ unless they are clearly erroneous and the Board did not find clear error in the IJ’s finding that Petitioner was likely to be tortured by Mexican officials. Case remanded to BIA. (Ramirez-Peyro v. Gonzales, 2/23/07)
CA9 Revises its Interpretation of “Questions of Law” Under INA §242(a)(2)(D)
On rehearing, the court held that its jurisdiction over “questions of law” under INA §242(a)(2)(D) includes not only issues of statutory interpretation, but alsothe application of statutes or regulations to undisputed facts. (Ramadan v. Gonzales, 2/22/07)
AILA Liaison/NSC Q & As on Refugee & Asylee Issues (2/22/07)
The 2/22/07 Q & As address I-730s, I-485s for refugees and asylees, Refugee Travel Documents, Fee Waivers, I-824s, EADs and other matters.
CA3 Upholds Asylum Denial of Angolan Army Officer
The court held that Petitioner’s five-day detention during which he sustained an injury to his jaw did not amount to persecution and that he failed to establish a well-founded fear where the record showed he had always been valued and trusted by the Angola army. (Kibinda v. Gonzales, 2/20/07)
CA11 Vacates Opinion in Colombian Kidnapping Case Removing Key Language
CA11, upon sua sponte reconsideration, vacated its prior decision, see AILA InfoNet Doc. No. 07011962, and substituted an almost identical opinion in its place. The court removed key language that “being held against one’s will” is “clearly persecution. (Ruiz v. U.S. Atty. Gen., 2/20/07)
USCIS Issues Redesigned Travel Booklets
On 2/15/07, USCIS issued a redesigned travel booklet, used for either a Re-entry Permit (Form I-327) or a Refugee Travel Document (Form I-571).Travel documents currently in circulation are valid until the expiration date in the booklet. USCIS issues approximately 200,000 travel booklets each year.
CA7 Upholds IJ’s Adverse Credibility Finding in Ukrainian Asylum Claim
CA7 upheld the IJ’s adverse credibility determination, noting that Petitioner was unable to explain an inconsistency in his testimony, omissions from his asylum application were significant, and he failed to submit sufficient corroborating evidence. (Shmyhelskyy v. Gonzales, 2/15/07)
CA8 Upholds Asylum Denial; Expresses Concern about Removing Elderly Couple
The court upheld the IJ’s order of removal to Russia and Latvia even though Petitioners are not citizen of either. The court stated, however, that their removal seemed contrary to the traditions of the U.S. (Pavlovich v. Gonzales, 2/14/07)
CA8 Amends it Opinion in Ivanov, Finds IJ Abused Discretion in Granting MTR (Updated 5/31/07)
At the request of the government, the court amended its opinion but did not change the result. It found that evidence proffered in support of a motion to reopen must be material, unavailable and undiscoverable. (Ivanov v. Gonzales, 4/24/07)
CA7 Upholds IJ’s Asylum Denial and Finds Expert’s Testimony Speculative
CA7 upheld the adverse credibility finding based on inconsistencies between Petitioner’s testimony and a newspaper article that stated that he left Albania for economic reasons. It also found that an expert witness offered only generalized, speculative testimony. (Myslymi v. Gonzales, 2/9/07)
CA9 Upholds IJs Adverse Credibility Finding; Dissent Chastises Majority
The court upheld the IJ’s adverse credibility finding based on an inconsistency regarding a crucial date, the implausibility of Petitioner’s story and propensity for dishonesty. (Don v. Gonzales, 2/9/07)
CA7 Upholds Finding Due Process Not Violated; Posner Issues Scathing Dissent
The court acknowledged that the IJ conduct was hardly a model of patience and decorum, but held that the IJ’s approach did not impede Petitioner’s “reasonable opportunity” to be heard.(Apouviepseakoda v. Gonzales, 2/2/07)
BIA Holds Affluent Guatemalans Do Not Constitute a Particular Social Group
BIA discusses factors to be considered in determining whether a particular social group exists, and held that affluent Guatemalans do not constitute a particular social group. Matter of A-M-E & J-G-U-, 24 I&N Dec. 69 (BIA 2007)