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 Upholds Denial of Asylum to Ukrainian Prosecutor and His Family
The court held that being a prosecutor is not an unchangeable or fundamental attribute. The court stated that it was Petitioner’s conduct as a prosecutor, and not his status as a member of such a purported social group that caused the alleged persecution. (Pavlyk v. Gonzales, 12/4/06)
CA7 Remands for “Federal Felony Approach,” but Rejects §209(c) Waiver
CA7 found that because it had adopted the “hypothetical federal felony approach,” Petitioner’s heroin possession conviction would not bar asylum. It also upheld the determination that Petitioner was no longer a refugee eligible to adjust status under INA §209(c).(Gutnik v. Gonzales, 11/29/06)
CA9 Holds No Abuse of Discretion in BIA’s Refusal to Reissue Decision
The court held that where the BIA complied with its own regulations when serving its notice of decision, it did not later abuse its discretion in refusing to reopen proceedings and reissue the decision despite Petitioner’s allegation of nonreceipt. (Singh v. Gonzales, 11/28/06)
New York OTDA Provides Information On Free Medical Screening for Refugees
Two letters from the New York OTDA provide information on the Refugee Medical Screening Program which provides free medical screening exams to refugees and asylees, including a list of refugee health screening providers and refugee service providers in both New York City and upstate New York.
CA3 Finds No Constitutional Right to Asylum and Upholds IJ’s Asylum Denial
The court held that there is no constitutional right to asylum and noted that given the discretionary nature of asylum, Petitioner’s argument that the delay violated due process must fail at the threshold. (Mudric v. Gonzales, 11/24/06)
AILA Liaison/TSC Q & As (11/6/06)
In a meeting with AILA Liaison, the TSC answers questions about the transfer of 5,000 H-1B cap subject I-129s to the TSC in July 2006, Phase 3 of Bi-specialization, direct filing of I-485 asylee applications, I-140s requesting consular processing, I-765s pending more than 90 days and other matters.
CA7 Finds No Past Persecution or Well-Founded Fear in Albanian Asylum Claim
The court found that threats and a two-week detention under primitive conditions did not constitute past persecution. It also held that given the change in the political climate, he had not shown a well-founded fear. (Bejko v. Gonzales, 11/13/06)
U.S. Ambassador-at-Large for International Religious Freedom Discusses Latest Countries of Particular Concern
On November 13, 2006, John Hanford, U.S. Ambassador-at-Large for International Religious Freedom, announced the transmittal to Congress of the 2006 Designations of Countries of Particular Concern for Severe Violations of Religious Freedom.
CA2 Overturns IJ’s Finding that Albanian Failed to Show Past Persecution
The court noted that a minor beating or any physical degradation designed to cause pain or other suffering may rise to the level of persecution if it occurred in the context of an arrest or detention on the basis of a protected ground. (Gjolaj v. BCIS, 11/9/06)
CA7 Upholds AG Decision in Matter of Jean, Remands CAT Claim
CA7 rejected Petitioner’s argument that Matter of Jean is inconsistent with INA §209(c), which allows the AG to waive grounds of inadmissibility. Re the CAT claim, it found the BIA ignored key evidence and erred in not finding past harm. (Ali v. Achim, 11/6/06)
CA3 Finds Pattern of Persecution of Eritrean Pentecostals
The court found that the record suggested a pattern or practice of persecution of Pentecostals in Eritrea and that the IJ committed legal error in finding that Petitioner could not prevail on his CAT claim because his claim for asylum was denied. (Ghebrehiwot v. Atty. Gen., 11/3/06)
CA7 Finds No Persecution Per Se of Midgan Clan Members in Somalia
The court held that Petitioner had not satisfied the objectively reasonable standard applicable in “pattern or practice” persecution cases, finding that although the Midgan are not treated well in Somalia, their poor treatment is not a systemic or organized effort.(Ahmed v. Gonzales, 11/2/06)
CA6 Joins Two Other Circuits in Rejecting BIA’s In re S-V- CAT Decision
The court joined CA2 and CA9 in holding that the BIA’s In re S-V- decision conflicts with Congress’s intent to include “willful blindness” in the definition of acquiescence. (Amir v. Gonzales, 11/2/06)
BIA Rules REAL ID Only Applies to Applications Filed Affer Effective Date
The BIA held that REAL ID provisions apply only to relief applications initially filed with an asylum officer or IJ on or after 5/11/05 – not to an asylum application filed with an asylum officer prior to this date but subsequently renewed. In re S-B-, 24 I&N Dec. 42 (BIA 2006)
CA2 Remands Due to New Documents on Forced Sterilization
The court found that despite earlier rulings, documents presented in a recent case suggest that there may in fact be an official policy of forced sterilization in the Fujian province, which may undermine the reliance of DOS reports. (Lin v. Gonzales, 10/30/06)
CA7 Finds Government Had Burden to Show Changed Conditions in Kosovo
The court noted that the IJ fully credited Petitioner’s testimony and concluded that he had been persecuted in the past,and found that the IJ erred in holding insufficient evidence of fear o future persecution if Petitioner returned to Kosovo.(Balliu v. Gonzales, 10/27/06)
CA11 Overturns IJ’s Finding that Asylum Applications Were Frivolous
The court determined that an IJ has authority to enter a ruling of frivolousness for an asylum application that has been found to be untimely filed, and concluded that the IJ and BIA failed to provide an opportunity to address inconsistencies. (Mingkid v. U.S. Atty. Gen., 10/26/06)
CA5 Rejects Asylum Claims of Eritrean-Ethiopian Couple Who Fear Separation
CA5 rejected wife’s claim that she would be persecuted in Eritrea and husband’s claim that he suffered past, and feared future, persecution in Ethiopia, findingno legal authority for asylum for a married couple if deportation would separate them. (Tesfamichael v. Gonzales, 10/24/06)
Report to Congress on Proposed Refugee Admissions for FY2007
The Proposed Refugee Admissions for Fiscal Year 2007: Report to the Congress was submitted by the Department of State on behalf of the President in compliance with Section 207(e) of the Immigration and Nationality Act (INA).
DOS Decides Material Support Inapplicable to Chin Refugees from Burma
Secretary of State Condoleezza Rice announced that that Chin refugees from Burma living in Malaysia, Thailand, and India can resettle in the United States even if they have provided "material support" to the Chin National Front (CNF) or Chin National Army (CNA).
CA7 Criticizes IJ But Upholds Asylum Denial of Moroccan Christian Convert
CA7 found that the IJ overstepped the bounds of neutrality and noted that the number of asylum cases involving intemperate judges should sound a warning bell. The court, however, upheld the determination of lack of well-founded fear of persecution in Morocco. (Chakir v. Gonzales, 10/19/06)
DOS Liaison Report on Fall 2006 NVC Tour
The report of the 2006 AILA visit to the Department of State’s National Visa Center (NVC) provides an overview of case processing, document collection and review, scheduling appointments, and inquiry submission, as well as Q&As.
CA11 Remands Religious Persecution Claim of Jehovah’s Witness from Georgia
The court found that the IJ and BIA did not give reasoned consideration to the claim and did not make adequate findings regarding the level and relevance of the Petitioner's knowledge of the tenets of his faith. (Mezvrishvili v. U.S. Atty. Gen., 10/17/06)
CA2 Remands Issue of Whether Two Children in China Is a Basis for Asylum
The court remanded the question of whether having more children than Chinese law allows, standing alone, may serve as a basis for asylum, noting that the question is not clearly answered by the statutory definition of refugee. (Shao v. BIA, 10/12/06)
Langlois Memo on Asylum Office FY 2006 Year-In-Review
A 10/10/06 memo from Joe Langlois, Chief, Asylum Division, USCIS, reviews FY 2006, including productivity, timeliness and backlog elimination efforts; deployment of US-VISIT; telephonic monitoring for affirmative asylum interviews; and sharing of asylum seekers’ biometric data with Canada.