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 IJ Ignored Evidence that Motive for Persecution Was Religion
CA7 found that the IJ’s conclusion that Petitioner was not persecuted because of religion ignored the factual context in which the death threats and assaults occurred, and held that Petitioner, an Egyptian Coptic Christian, was persecuted because of his religion.(Boctor v. Gonzales, 1/24/07)
CA1 Finds No Well-Founded Fear, but Holds IJ Erred in Excluding Evidence
The court found that the IJ erred in rejecting two documents solely because they were not in conformity with the authentication regulation, where the regulation was not applicable because the documents were not official records. (Jiang v. Gonzales, 1/23/07)
CA10 Overturns Adverse Credibility Finding in Mauritanian Asylum Claim
The court determined that it would only impute the IJ’s reasoning to the BIA if the BIA incorporated it expressly or by implication. The court held that the adverse credibility determination was not supported by substantial evidence. (Sarr v. Gonzales, 1/22/07)
CA7 Finds BIA Abused its Discretion in Denying MTR Ethiopian Asylum Case
The court found that the evidence submitted by Petitioner post dated his IJ hearing and the BIA’s ruling and was material to his claim. The court held that the BIA should have responded to the significant, material evidence submitted with his motion to reopen. (Kebe v. Gonzales, 1/19/07)
CA7 Overturns Holding that Bangladeshis Had Not Suffered Past Persecution
The court found that the IJ erred in concluding that the harm Petitioner and his family suffered at the hands of Muslim fundamentalists did not amount to past persecution. The court could not tell what definition of persecution the IJ used. (Gomes v. Gonzales, 1/11/07)
CA7 Finds IJ Ignored Significant Piece of Evidence re: Well-Founded Fear
The court found that the IJ ignored the most significant piece of evidence in finding that Petitioner lacked a well-founded fear, namely that the persecuting authorities believed that Petitioner was his identical twin brother.(Mema v. Gonzales, 1/11/07)
CA3 Joins Other Circuits in Rejecting BIA’s Matter of S-V- CAT Decision
The court rejected the BIA’s conclusion that acquiescence of a public official requires actual knowledge of the tortuous activity and that it is sufficient to show that the government is “willfully blind” to the activity. (Silva-Rengifo v. Gonzales, 1/9/07)
CA9 Finds “Other Resistance” in CPC Cases Does Not Require Motivation Proof
The court found that to fit within “other resistance to a coercive population control" (CPC), an applicant must show that the government was enforcing a CPC program and the applicant resisted the program. (Lin v. Gonzales, 1/9/07)
CA5 Reverses IJ’s Determination That Petitioner’s Asylum Application Was Untimely
CA5 rejected the IJ’s finding that the §208.4(a)(2)(ii) provision that an asylum application received after the 1-year deadline is deemed timely filed if the application was mailed within 1 year, only applies to applications never received by the agency. (Nakimbugwe v. Gonzales, 1/5/07)
CA4 Holds IJ’s Finding of 10% Risk of FGM Based on Speculation
CA4 found that the IJ’s finding that Petitioner would only be at 10% risk of FGM was not supported by substantial evidence. (Haoua v. Gonzales, 1/5/07)
CA7 Upholds Admission of Embassy and Forensic Reports in Asylum Claim
The court noted that the sole test for admissibility of evidence is whether it is probative and its admission fundamentally fair. (Doumbia v. Gonzales, 1/4/07)
USCIS Fact Sheet on Travel Abroad for Asylum Applicants, Asylees, and LPRs
USCIS published a revised fact sheet with guidelines for travel abroad relevant to asylum applicants, asylees, and Lawful Permanent Residents who obtained such status based on their asylum status
CA9 Finds Jurisdiction to Review Withholding and CAT Claim despite CIMT
The court rejected the government’s argument that the AG has absolute discretion in determining whether any crime is a “particularly serious crime,” finding that Petitioner had presented a question of law with regard to his withholding and CAT claims. (Morales v. Gonzales, 1/3/07)
USCIS Releases Reasonable Fear Procedures Manual
USCIS released its 2007 reasonable fear procedures manual due to FOIA litigation. USCIS uses this manual to determine whether immigrants in fast-tracked removal proceedings who express a fear of persecution or torture will have the opportunity to pursue protection in the United States.
CA9 Amends its Hosseini Decision with Footnote on Confidentiality
At govt request, the court amended its 9/28/06 decision to include a footnote which states: “The government points out that it is precluded by regulation from disclosing any information relating to [Petitioner’s] asylum application ‘without written consent.’” (Hosseini v. Gonzales, 12/28/06)
CA1 Orders BIA to Consider Sibling’s Grant of Asylum on Remand
In an Indonesian asylum claim, the court remanded, finding that the BIA failed to address whether the grant of asylum to Petitioner’s brother was material, where the brothers had similar claims. (Ticoalu v. Gonzales, 12/28/06)
CA8 Upholds Adverse Credibility Determination in Forced Sterilization Claim
The court held that in viewing the record as a whole, the IJ’s credibility assessment was supported by reasonable, substantial, and probative evidence. (Zhuang v. Gonzales, 12/22/06)
Presidential Determination on Funding for Forced Migrants from Somalian and Sri Lankan Conflicts
The White House announced its determination that up to $5.215 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund for unexpected, urgent refugee and migration needs resulting from conflicts in Somalia and Sri Lanka. (71 FR 76571, 12/21/06)
CA11 Finds Being Held against One’s Will for Extended Period Is Persecution
The court found that the BIA erred when it found that the cumulative effect of the beatings, threatening phone calls and kidnapping did not amount to persecution, and noted that being held against one’s will for 18 days was “clearly persecution.” (Ruiz v. U.S. Atty. Gen., 12/21/06)
CA1 Finds DHS Rebutted Presumption of Well-Founded Fear in Cambodian Claim
The court held that where a DOS report demonstrates fundamental changes in specific circumstances that form the basis of the presumptive well-founded fear, the report is, in and of itself, sufficient to rebut the presumption. (Chreng v. Gonzales, 12/19/06)
CA4 Finds “Hiding” Is Not a Reasonable Internal Relocation Option
CA4 found BIA’s conclusion that Petitioner could reasonably relocate internally was not supported by substantial evidence, concluding it unreasonable to find that Petitioner was undisturbed while in hiding in her home country for a four-year period. (Bockou Essohou v. Gonzales, 12/15/06)
CA9 Finds a Refugee Is Subject to Removal Even if Status Is Not Terminated
CA9 concluded that, based on a plain reading the statute and deferring to the BIA’s interpretation in In re Smirko, a person who arrives in the U.S. as a refugee may be removed even if refugee status has never been terminated under INA §207(c)(4). (Kaganovich v. Gonzales, 12/12/06)
CA7 Overturns Withholding Denial for Failure to Make Credibility Finding
The court found that it lacked jurisdiction to rule on the timeliness of Petitioner’s asylum claim, but overturned the denial of withholding for lack of corroboration because neither the IJ nor the BIA made an explicit credibility determination. (Ikama-Obambi v. Gonzales, 12/11/06)
ICE Memorandum on Discretion in Custody Determinations for Cases of Extreme or Severe Medical Concern
ICE released a memorandum dated 12/11/06 on prosecutorial discretion when making custody determinations for aliens (adults and/or juveniles) who have severe medical conditions transferring from hospitals and social services or law enforcement agencies.
CA2 Finds Mauritanian Asylum Applicant Not Firmly Resettled in Mali
The court held that the IJ erroneously placed the burden of proof regarding the question of resettlement on the Petitioner and that the IJ’s firm resettlement conclusion was not supported by substantial evidence. (Makadji v. Gonzales, 12/5/06)