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 Remands Asylum Claim for Analysis of Social Group Argument
The court found that the Petitioner’s social group was “former” employees of the Attorney General’s Office and remanded because the IJ failed to explain his conclusion that Petitioner would not be persecuted if returned to Colombia. (Sepulveda v. Gonzales, 10/2/06)
Supreme Court Remands CA9 Asylum Case Based on Harm to Disabled Child
The Court granted the cert petition, vacated the Ninth Circuit’s decision permitting an asylum-seeker to base her claim on the harm suffered by her disabled child, and remanded the case for further consideration in light of Gonzales v. Thomas. (Gonzales v. Tchoukhrova, 10/2/06)
CA1 Finds Cambodian Asylum Applicant Failed to Link PTSD to Past Harm
The court upheld the IJ’s determination that Petitioner did not have a well-founded fear of future persecution and that Petitioner failed to show that her PTSD was related to persecution. (Ouk v. Gonzales, 9/29/06)
Aytes Memo on the Processing of EADs Pending at Local Offices Prior to 9/1/06
In a September 29, 2006 Memo, USCIS Associate Director of Domestic Operations Michael Aytes addresses the processing of I-765 applications that were pending at local offices prior to September 1, 2006 and which have not yet been adjudicated.
USCIS Issues a Notice on Form I-730 Filing Changes
As of October 1, 2006, I-730 Refugee/Asylee Relative applications should be filed at either the Nebraska Service Center or the Texas Service Center, depending on the petitioner’s state of residence. Filing guidelines for Form I-730 are available on the USCIS web site.
AILA/NSC Q & As on Refugee/Asylee Issues (9/28/06)
NSC Q & As on refugee/asylee issues include: incorrect filing fee rejections; new G-28s with RFE response; RTDs; I-765s; I-730s; biometrics; FBI Name Checks; material support; non-receipt of biometrics notices; priority dates and transfer of I-485s; refugee Class B issues; and I-693s.
CA9 Finds Iranian MEK Supporter Qualifies for Deferral of Removal under CAT
CA9 found sufficient evidence to show that Iranian officials could identify petitioner as a supporter of the MEK and would likely torture him. Finding that CAT provides relief for suffering beyond lawful sanctions, the court held for deferral of removal. (Hosseini v. Gonzales, 9/28/06)
CA1 Upholds Adverse Credibility Finding Despite Child’s Asylum Grant
The court held that the IJ gave specific cogent reasons for disbelieving Petitioners, including their failure to mention their daughter’s kidnapping in their motion to reopen and numerous inconsistencies. (Dine v. Gonzales, 9/27/06)
CA1 Upholds Adverse Credibility Finding in Chinese Christian Asylum Case
The court found that Petitioner only addressed two of the 11 reasons enumerated for the adverse credibility finding, and that the finding would stand even if the IJ correctly analyzed Petitioner’s testimony about his job discharge. (Zheng v. Gonzales, 9/26/06)
CA7 Finds No Jurisdiction After BIA Reopens Proceedings on its Own Motion
The court held that where the BIA reopens proceedings on its own motion, subsequent to the filing of a petition for review, the petition must be dismissed for lack of jurisdiction because there is no longer a reviewable final order. (Gao v. Gonzales, 9/25/06)
CA2 Says Persecution Does Not Require Serious Injury
The court found that the BIA does not require applicants claiming persecution to show permanent or serious injury and that persecution encompasses a variety of adverse treatment including non-physical forms of harm. (Edimo-Doualla v. Gonzales, 9/19/06)
CA3 Criticizes IJ for Jumping Eagerly on Each Slip of the Tongue
The court held that the IJ’s adverse credibility determination and determination that, if credible, Petitioner’s testimony did not establish past persecution, were not supported by substantial evidence. (Gabuniya v. Gonzales, 9/19/06)
BIA Clarifies Asylum Eligibility for Spouses/Partners in Forced Sterilization/Abortion Cases
The BIA held that an alien whose spouse was forced to undergo an abortion or sterilization can establish past persecution if they were legally married at the time. Matter of S-L-L, 24 I&N Dec. 1 (BIA 2006)
CA1 Finds Past Persecution Claim Waived
The court held that Petitioner’s past persecution claim was barred where he failed to set forth a developed argument, despite a heading in his brief titled, “The IJ erred in finding that respondent had not suffered past persecution.” (Silva v. Gonzalez, 9/15/06)
USCIS Notice Describes New Process for Issuing EADs to Asylees
Beginning October 1, 2006, asylees will receive a form I-766 EAD card in the mail within 7-10 days following the issuance of an asylum approval letter. The I-766 EAD will be issued for a 2-year validity period.
USCIS Provides Lesson Plan on Interviewing - Working With an Interpreter
USCIS provided part six of its Asylum Officer Basic Training lesson plan on interviewing. This lesson explains who can serve as an interpreter, the role and responsibilities of an interpreter, factors that affect accuracy of interpretation, and how to facilitate communication through an interpreter.
USCIS Provides Lesson Plan on Burden of Proof, Standards of Proof, and Evidence
USCIS provided part four of its lesson plan on asylum eligibility. The lesson describes the various standards of proof that are required in adjudicating affirmative asylum and credible fear cases. The lesson also explains the operation of the burden of proof in the affirmative asylum process.
USCIS Provides Lesson Plan on Nonadversarial Asylum Interview
USCIS provided part one of its Asylum Officer Basic Training lesson plan on interviewing. This lesson provides basic information on the nature of the affirmative asylum interview.
USCIS Q&A on New Process for Issuing EADs to Asylees
USCIS issued a Q&A discussing the new process, effective October 1, 2006, for issuing EADs to asylees.
Asylum Officer Basic Training Course: Corps Values and Goals
This lesson describes to new asylum officers the values that guide the CIS Asylum Program and explains how those values are embodied in the concrete goals set as a measurement of the program's success.
Asylum Division Memo on Fingerprinting Requirements and Issuance of Recommended Approvals
Memo dated 9/12/06 from Asylum Division Chief Joseph Langlois outlining procedural changes requiring fingerprinting prior to the asylum interview and restricting issuance of recommended approvals in affirmative asylum cases.
CA8 Upholds Frivolousness Finding in Case of Eritrean Asylum Applicant
The court held it was unnecessary to adopt any “emergent standards” for the regulation which defines a frivolous asylum application because all would be satisfied by the facts in the case. (Kifleyesus v. Gonzales, 9/12/06)
CA11 Finds Exhaustion Necessary for Issues Raised Sua Sponte by BIA
The court refused to review a claim that had not been presented to the BIA, even though the BIA has considered it sua sponte. The court held that the exhaustion doctrine exists to avoid premature interference with administrative processes. (Amaya-Artunduaga v. U.S. Atty. Gen., 9/11/06)
CA11 Finds IJ May Rely on Irrelevant Inconsistencies under REAL ID Act
CA11 dismissed the argument that inconsistencies cited by the IJ for a negative credibility determination were “trivial” and “irrelevant.” It found that, under the REAL ID Act, a credibility determination can be based on “any inaccuracies or falsehoods.” (Chen v. U.S. Atty. Gen., 9/8/06)
CA6 Finds FGM Fear for Daughters Still in Home Country Not Basis for Asylum
The court rejected Petitioner’s claim that she feared her daughters in Guinea would be subjected to FGM as a basis for asylum, noting that she chose to leave her daughters in Guinea. (Bah v. Gonzales, 9/8/06)