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 Reverses IJ’s Adverse Credibility Finding in Forced Abortion Case
CA7 rejeced the IJ’s credibility finding because it was based on minor discrepancies, speculation, and irrelevant facts. It also held that the IJ erred by requiring corroboration because the IJ failed to follow the pre-REAL ID Act standard in Diallo.(Kwok v. Gonzales, 7/25/06)
CA11 BIA Erred in Denying Motion to Reopen Colombian Asylum Case
The court found that the evidence in the motion to reopen was unavailable at the time of Petitioner's previous hearing and called into question the credibility of a witness who was material to the IJ’s assessment of her claim. (Verano-Velasco v. U.S. Atty. Gen., 7/24/06)
CA10 Finds Adverse Credibility Finding Not Supported by the Record
The court held that the mere absence of corroborating evidence is not a sufficient basis for an adverse credibility finding, nor is the fact that Petitioner entered the country with a passport that had several missing pages. (Solomon v. Gonzales, 7/21/06)
CA9 Holds Hearsay Evidence May Be Accorded Less Weight
CA9 refined its previous decision but reached the same outcome, holding that where an applicant’s testimony consists of hearsay evidence, the statements by the out-of-court declarant need not be taken as true and may be accorded less weight by the trier of fact. (Gu v. Gonzales, 7/21/06)
CA8 Holds IJ Erred in Reopening Proceedings and Terminating Asylum
CA8 held that the IJ abused her discretion in reopening proceedings without explaining whether the documents in support of the motion were material and previously unavailable, and erred in terminating asylum based on documents that did not prove fraud. (Hailemichael v. Gonzales, 7/21/06)
CA8 Finds Murder of Family, Rape of Wife and Detention Not Past Persecution
CA8 found that the murder of Petitioner’s family by rebels years ago did not evidence a pattern of persecution tied to him; that the rape of his wife by a leader of the security forces was an isolated crime; and that two detentions did not amount to persecution. (Vonhm v. Gonzales, 7/20/06)
CA2 Asks BIA to Clarify Standards for Economic Persecution
The court remanded for the BIA to clarify the standard it applied in determining that Petitioner’s treatment did not constitute economic persecution. (Mirzoyan v. Gonzales, 7/20/06)
CA3 Finds Refugee Who Adjusts to LPR Status Is Subject to Removal
The court concluded that the INA allows for a person who entered the country as a refugee and later adjusted his status to LPR to be placed in removal proceedings even though his refugee status was never terminated. (Romanishyn v. Atty. Gen. of U.S., 7/20/06)
AILA Backgrounder on Due Process, Civil Liberties, and Security
This updated AILA Backgrounder discusses the importance of upholding due process and civil liberties while enhancing our national security.
CA2 Overturns Adverse Credibility Finding in Forced Sterilization Case
The court held that the IJ’s finding that Petitioner failed to testify about his wife’s sterilization at his first asylum hearing did not support the IJ’s adverse credibility determination. (Kim v. Gonzales, 7/19/06)
CA3 Finds Gay Argentine Suffered Past Persecution by Police
The court found that the treatment Petitioner suffered at the hands of the police, which occurred at least 20 times over several years, was persecution, even though he did not suffer severe injuries nor was he ever detained more than 12 hours. (Maldonado v. Atty. Gen. of U.S., 7/18/06)
CA3 Discusses “Particularly Serious Crime” Bar to Withholding of Removal
The court held that an offense must be an aggravated felony in order to be classified as a particularly serious crime and that the IJ erred in failing to consider only the loss attached to the fraud count for which Petitioner was convicted. (Alaka v. Att’y Gen. of the U.S., 7/18/06)
CA2 Finds Record Shows Worsening Conditions in Belarus
The court held that the IJ and BIA erred in overlooking evidence that conditions in Belarus deteriorated between 1996 and 2000 and remanded the withholding claim. (Serafimovich v. Ashcroft, 7/17/06)
CA6 Finds Limited Jurisdiction to Review Denial of Time-Barred Asylum
The court held that it lacks jurisdiction to review the denial of a time-barred asylum application unless a constitutional claim or question of law is raised in accordance with INA §242(a)(2)(D). (Almuhtaseb v. Gonzales, 07/14/06)
CA7 Relies on DOS Profile on Abortion Certificates to Uphold Asylum Denial
Although CA7 found errors in the adverse credibility determination, it held that the IJ based his finding on one ground sufficient to support the ruling: the DOS Profile showing that the Chinese government does not issue certificates for involuntary abortions. (Huang v. Gonzales, 7/14/06)
CA9 Finds Eritrean Jehovah’s Witness Lacked Past Harm or Well-Founded Fear
The court upheld the IJ’s finding that Petitioner failed to establish past persecution or a well-founded fear. The dissent argued that discriminatory treatment based on the religion of those who refuse conscription is persecution based on a protected ground. (Zehatye v. Gonzales, 7/13/06)
BIA Affirms Asylum for Former Child Soldier
In an unpublished decision, the BIA affirmed the IJ’s decision to grant asylum, noting the respondent established a well-founded fear of persecution based on his Acholi tribal membership, as well as the possibility he could be identified as a former child soldier.
CA2 Remands for BIA to Develop Standards on “Frivolousness”
The court found that substantial evidence supported the negative credibility finding but remanded the IJ’s finding of frivolousness and asked the BIA to formulate standards for deciding when an asylum seeker’s application is frivolous. (Liu v. DOJ, 7/11/06)
CA7 Recommends Agency Hire Country Experts for Asylum Cases
The court remanded a Liberian asylum claim, noting that an IJ is not an expert on conditions in any given country, and a priori views are no substitute for evidence. The court recommended that the agency have an expert for each country. (Banks v. Gonzales, 7/5/06)
CA2 Reverses IJ’s Fake Document Finding in Chinese Asylum Claim
The court held that the IJ engaged in speculation and made improper inferences in concluding that Petitioner’s 1989 and 1998 marriage certificates were fake. (Li v. INS, 6/29/06)
CA2 Remands Chinese Asylum Claim Due to IJ Bias and Hostility
The court found that apart from flaws in the adverse credibility finding, remand was required because of the IJ’s hostility, noting that the IJ’s questioning was inappropriate and indicated a bias toward Chinese witnesses. (Huang v. Gonzales, 6/29/06)
CA11 Holds BIA Abused its Discretion in Summarily Dismissing Appeal
The court held that where the notice of appeal sets forth its basis, the BIA erred in summarily dismissing it solely because Petitioners indicated that they would file a supporting brief, but failed to do so or offer an explanation for not doing so. (Esponda v. U.S. Att’y Gen., 6/28/06)
CA2 Remands Where BIA Granted Relief to Spouse on Same Facts
The court remanded to ensure that the denial of the wife's claim was not arbitrary in light of its grant of relief to the husband, where husband and wife feared persecution based on the birth of two children in the U.S. (Zhang v. Gonzales, 6/21/06)
DOS Remarks Regarding U.S. Commitment to Refugee Protection and Assistance
In remarks to the Heritage Foundation, Assistant Secretary of the Bureau of Population, Refugees, and Migration Ellen R. Sauerbrey discussed the U.S. commitment to refugee protection and assistance.
USCIS Responds to Ombudsman Proposal to Change Affirmative Asylum Process
Memorandum from Dr. Emilio Gonzalez, Director, USCIS, responding to and rejecting recommendations of the CIS Ombudsman to severely change the affirmative asylum process.