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
CA8 Upholds IJ’s Adverse Credibility Determination in Togolese Asylum Case
The court concluded that the IJ’s adverse credibility determination was supported by substantial evidence, including Petitioner’s lack of prominence in the opposition party and his claim that he ran his business while in hiding. (Mamana v. Gonzales, 2/8/06)
U.S. Contribution to the United Nations High Commissioner for Refugees (UNHCR)
DOS news release about the U.S. fiscal contribution to the United Nations High Commissioner for Refugees (UNHCR).
CA2 Rejects "Safe Haven" Finding
The court overturned the IJ’s safe haven finding where it was issued three days after the repeal of the regulation that allowed for a discretionary denial on that basis. (Tandia v. Gonzales, 2/7/06)
CA9 Overturns IJ’s Negative Credibility Determination of Asylum Applicant Who Smuggled Falun Gong Material into China
The court held that the IJ did not identify a specific, cogent reason to support his incredibility finding, but instead relied on speculation and conjecture about Petitioner’s position in Chinese society and what someone in her position would do. (Zhou v. Gonzales, 2/7/06)
Letter to President Bush Regarding Cuban Refugees
Sign-on letter to President Bush by refugee and human rights organizations, including AILA, decrying treatment of Cubans reaching Florida Keys and other U.S. land who are repatriated without being granted “credible fear” interviews.
CA2 Adopts “Totality of the Circumstances” Test for Firm Resettlement
The court adopted a totality of the circumstances test and concluded that the IJ’s finding of firm resettlement was not supported by substantial evidence. (Sall v. Gonzales, 2/3/06)
CA2 Says IJ Erred, But Upholds Negative Credibility Finding
The court held that the IJ erred in finding that Petitioner’s testimony lacked detail, but nonetheless concluded that the IJ’s denial of asylum was supported by substantial evidence. (Qyteza v. Gonzales, 2/2/06)
CA2 Finds Jurisdiction to Review Timeliness of Asylum Application
The court found that it had jurisdiction to review whether any rational trier of fact would be compelled to conclude that Petitioner provided clear and convincing evidence that he timely filed his asylum application. (Liu v. Gonzales, 1/30/06)
CA8 Finds Agency Erred by Not Placing Burden on Gov’t in Asylum Termination
The court found that the IJ and BIA erred in placing the burden on Petitioner to prove her asylum eligibility anew. The court held that the regulation requires the government to prove fraud by a preponderance of the evidence.(Ntangsi v. Gonzales, 1/30/06)
CA1 Upholds Denial of Motion to Reopen in Chinese Family Planning Case
The court held that the BIA properly denied Petitioner’s motion to reopen where the motion did not include new evidence and where Petitioner’s claim of ineffective assistance of counsel did not meet the Lozada requirements. (Zeng v. Gonzales, 1/27/06)
NSC Teleconference Q & A's on Asylee and Refugee Product Line (1-26-06)
NSC Teleconference Q&As (1-26-06) include: I-693, supplemental medical exam, I-730, CDC, I-130, waivers, NVC, I-485, DNA testing, NOID, RFE, fingerprints, biometrics, Class B condition, Class A waiver, HIV, G-325, AR-11, I-94, I-551, I-590, cases transferred to TSC, expedites, RTD, and I-131.
CA2 Finds IJ Abused His Discretion in Denying Asylum in Forced Sterilization Case
The court held that the IJ abused his discretion by not considering the totality of the circumstances, relying instead on findings that part of Petitioner’s story was false and that he had used a smuggler. (Huang v. INS, 1/25/06)
CA7 Overturns Adverse Credibility Finding of Albanian Asylum Applicant
The court held that the IJ erred in finding Petitioner’s testimony was implausible, inconsistent with a DOS country profile and inconsistent with other evidence.(Shtaro v. Gonzales, 1/24/06)
CA6 Heightens the Prejudice Showing Required to Prevail on Ineffective Assistance of Counsel Claims Based on Prior Counsel’s Failure to Seek Judicial
The court held that “the lost opportunity to appeal an adverse decision in a removal proceeding, because of ineffective assistance of counsel, cannot form the basis of a due process claim unless the appeal itself would have succeeded.” (Sako v. Gonzales, 1/20/06)
CA7 Finds Petitioner Eligible for Asylum Based on his Remarried Wife’s Forced Abortion
The court held that the IJ violated the “rule of the case” doctrine by making new adverse credibility determinations, and that Petitioner was eligible for asylum based on his wife’s forced abortion, despite her remarriage.(Zhang v. Gonzales, 1/19/06)
CA2 Discusses One-Year Asylum Deadline and “Last Arrival"
The court found Petitioner's asylum application untimely and concluded that the term "last arrival in the United States" should not include return on parole after a brief trip abroad. (Joaquin-Porras v. Gonzales, 1/18/06)
CA2 Upholds Adverse Credibility, Concedes Other Panel Might Have Found Otherwise
In a Chinese family planning case, the court held that the IJ’s implausibility finding was supported by substantial evidence, but noted that other panels could have decided differently. (Chen v. Gonzales, 1/12/06)
Asylum Officer Basic Training Course: Reading Caselaw
This lesson provides asylum officers with basic information on how to read and interpret precedent decisions, including finding decisions, the components of decisions, and the terms used to discuss decisions.
USCIS Provides Lesson Plan on Decision Writing - Legal Analysis
USCIS provided part two of its Asylum Officer Basic Training lesson plan on decision writing. This lesson explains the legal analysis component of an assessment or Notice of Intent to Deny (NOID), the components of the analysis itself, and how to correctly write a legal analysis.
CA2 Remands Withholding, Finds IJ Ignored Testimony
The court remanded Petitioner's claim of withholding from the Republic of Georgia because the IJ failed to consider the harm Petitioner suffered. (Ivanishvili v. Gonzales, 1/5/06)
CA2 Says Transporting Women to Forced Abortions Is Assisting in Persecution
The court found that the IJ correctly concluded that Petitioner’s actions in transporting captive women to undergo forced abortions was assistance in persecution and therefore, a bar to asylum. (Xie v. Gonzales, 1/5/06)
CA7 Remands for Consideration of Whether Threatened Deportation Amounts to Persecution
CA7 held that the IJ’s negative credibility determination was not supported by cogent reasons. The court also found that the IJ failed to consider Petitioner’s claim that the Eritrean government’s threat to denaturalize and deport her amounted to past persecution. (Giday v. Gonzales, 1/5/06)
CA7 Upholds IJ’s Negative Credibility Finding and Rejects Due Process Argument
The court held that the IJ’s negative credibility finding was entitled to deference. Although the court found it had jurisdiction to hear Petitioner’s due process claim under the REAL ID Act, it rejected the claim. (Feto v. Gonzales, 1/4/06)
CA11 Holds DHS Failed to Meet Its Burden of Showing Relocation Within Colombia Was Reasonable for Family Fleeing the FARC
The court found that the burden was on DHS to show that internal relocation was reasonable because the BIA presumed past persecution, and concluded that the record compelled a finding that the FARC operates country-wide. (Arboleda v. U.S. Atty. Gen., 1/3/06)
CA9 Finds Likelihood that USC Daughter Would Be Subjected to FGM Requires Remand of Parents’ Claim
The en banc court found that the probability a US citizen child would be subjected to female genital mutilation (FGM) greatly exceeded the threshold required for asylum eligibility, but remanded re whether her parents could derivatively qualify for asylum. (Abebe v. Gonzales, 12/30/05)