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
CA2 Rejects BIA’s Finding of Changed Circumstances in Mauritania
The court found that the BIA relied on an outdated DOS report, accepted the report’s general statements, did not make an individualized assessment of Petitioner’s situation, and failed to consider evidence contradicting the report. (Tambadou v. Gonzales, 5/3/06)
CA2 Says Presumption Arising from I-589 Signature Is Rebuttable
The court held that when challenging the accuracy of an asylum application signed under penalty of perjury, the IJ must evaluate the petitioner's explanations and determine whether the presumption under 8 CFR §208.3(c)(2) has been rebutted. (Pang v. BCIS, 5/3/06)
CA7 Holds IJ Improperly Relied on Forged Document to Deny Asylum
The court held that absent a reason to believe that the applicant knew or suspected that the document was a forgery, proof that the document was a forgery would not be evidence that the asylum applicant was lying. (Hanaj v. Gonzales, 5/3/06)
CA2 Upholds Adverse Credibility in Chinese Forced Abortion Case
The court upheld the adverse credibility finding where the material inconsistencies between Petitioner’s application and testimony were so self-evident, the IJ/BIA did not have to give Petitioner an opportunity to respond. (Ye v. Gonzales, 5/2/06)
AILA/TSC Meeting Minutes (05/01/06) (Updated 06/16/06)
TSC has revised its reply to Question #4 regarding the necessity of possessing the Visa Screen certificate for Nurses at the time of filing. TSC will require submission of a Visa Screen certificate at the time of adjustment if it is unavailable at the time of filing.
Georgetown Law School Fact-Finding Group Releases Report on Material Support Bar
Georgetown University Law students released a report documenting their research on the application of the "material support to terrorists" bar to Colombian refugees, concluding that the bar is having the unintended consequence of excluding thousands of refugee victims of terrorism.
CA11 Finds IJ Failed to Give Reasoned Decision in Asylum Claim
The court held that the IJ failed to render a reasoned decision in light of Petitioner’s credible testimony and other evidence submitted. (Tan v. U.S. Atty. Gen., 5/1/06)
Attorney General Disapproves CAT Relief for Mentally Ill Respondent
The AG found that the mentally ill pre se respondent did not show eligibility for CAT as evidence did not establish that each step in the hypothetical chain of events leading to torture is more likely than not to happen. Matter of J-F-F-, 23 I&N 912 (AG 2006)
CA3 Overturns IJ’s Credibility Finding in Scathing Opinion
The court found that substantial evidence did not support the IJ’s conclusion that Petitioner’s father was alive noting that the IJ relied on death certificates that he had excluded from evidence and that he failed to address newspaper articles regarding the death. (Shah v. Gonzales, 4/28/06)
CA3 Finds Petitioner Was “Ground to Bits” by IJ Ferlise
The court found that it was clear that the IJ presumed petitioner’s application to be without merit before testimony was presented from the belligerence of the questioning. The case was remanded to a different IJ. (Cham v. Gonzales, 4/28/06)
CA7 Finds Cooperating Criminal Defendant Not A Social Group
The court found that Petitioner’s fear of persecution was based on a personal dispute that could not give rise to a claim for asylum, noting that she chose to cooperate with prosecutors in the hope of receiving a reduced sentence. (Wang v. Gonzales, 4/28/06)
CA4 Overturns IJ’s Adverse Credibility Finding in Ethiopian Case
The court found that Petitioner’s testimony in support of her asylum claim was not inherently implausible and that the IJ’s finding was unsustainable. The court held that the IJ did not provide a specific cogent reason for his adverse credibility finding and. (Tewabe v. Gonzales, 4/26/06)
USCIS Seeks Comments on Application for Asylum and Withholding of Removal (Form I-589)
USCIS seeks comments on Form I-589, Application for Asylum and Withholding of Removal. This is a revision of a currently approved information collection. Comments due by 6/20/06 (71 FR 20711, 4/21/06)
CA11 Concludes Informants Are Not a Particular Social Group
CA11 applied Chevron deference to the BIA’s definition of particular social group, and upheld the BIA’s holding that non-criminal defendants working against the Cali cartel in Colombia are not a particular social group for asylum purposes. (Castillo-Arias v. Gonzales, 4/20/06)
CA11 Upholds Denial of Asylum, Withholding and CAT Claims
CA11 found jurisdiction to hear the appeal because one of the convictions was vacated based on a finding that his rights were violated, but held it lacked jurisdiction to review the asylum claim due to the one-year deadline. (Alim v. Gonzales, 4/19/06)
CA2 Finds No Abuse of Discretion in Denial of CAT Claim
The court found jurisdiction to review the denial of a continuance, upheld the IJ’s adverse credibility determination as supported by substantial evidence, and held that the BIA did not abuse its discretion in refusing to remand. (Sanusi v.Gonzales, 4/18/06)
CA5 Rejects Colombian Asylum Case Based on Lack of Nexus
CA5 found that Petitioner failed to establish a nexus between the persecution he suffered from the FARC and one of the statutory grounds for asylum. The court also found that Petitioner’s claim for CAT relief did not meet the state action requirement. (Tamara-Gomez v. Gonzales, 4/18/06)
Supreme Court Reverses Ninth Circuit Asylum Decision, Gonzales v. Thomas
The Court remanded the Ninth Circuit’s decision holding that a family may constitute a social group for asylum purposes. The Court found that because the BIA did not express an opinion on the issue, the court should have applied “the ordinary remand rule.” (Gonzales v. Thomas, 4/17/06)
CA1 Lacks Jurisdiction to Review Asylum One-Year Deadline
The court held that under the REAL ID Act, discretionary and factual determinations continue to fall outside its jurisdiction and that therefore, it lacked jurisdiction to review the determination that an asylum application was untimely. (Hayek v. Gonzales, 4/14/06)
Asylum Officer Basic Training Credible Fear Lesson Plan
The Asylum Office released a revised Asylum Officer Basic Training Lesson Plan on credible fear determinations dated April 14, 2006.
CA9 Amends Its January 2006 Decision in Kumar v. Gonzales
CA9 removed references to its prior finding that the IJ had violated Petitioner’s due process rights by failing to question Petitioner regarding the perceived similarities between numerals on his father’s death certificate and in Petitioner’s asylum application. (Kumar v. Gonzales, 4/13/06)
CA2 Rejects Adverse Credibility in Chinese Asylum Case
The court held that the IJ mischaracterized Petitioner’s testimony, improperly discredited documents, failed to apply the proper test for corroboration, and improperly speculated about Petitioner’s ability to have more children. (Lin v. Gonzales, 4/12/06)
CA3 Affirms Removability Based on Terrorist Activity of Former INLA Member
The court concluded that the criminal bar to review did not apply and affirmed the BIA’s conclusions that Petitioner was removable for engaging in terrorist activity under INA §237(a)(4)(B) and was ineligible for asylum, withholding, and deferral of removal. (McAllister v. Gonzales, 4/10/06)
CA10 Reverses Adverse Credibility Determination in FGM Asylum Case
CA10 found no logical explanation for the IJ’s determination that documents submitted by Petitioner’s mother regarding her marital status were unreliable. It also faulted the IJ and BIA for flawed reasoning in relying on incomplete and stale data from DOS. (Uanreroro v. Gonzales, 4/6/06)
CA2 Finds Changed Conditions in Pakistani Christian Case
The court held that the BIA abused its discretion in refusing to reopen based on worsening country conditions and that an applicant may prevail on future persecution despite an adverse credibility determination as to past persecution. (Paul v. Gonzales, 4/6/06)