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
CA3 Upholds Asylum Denial Based on Lack of Corroboration
The court found that the IJ clearly identified facts for which it was reasonable to expect corroboration and noted that under the REAL ID Act it could not reverse the IJ’s determination unless it concluded that corroborating evidence was unavailable. (Chen v. Gonzales, 12/29/05)
CA7 Finds Error in Allowing Government’s Document Expert to Testify in Albanian Asylum Case
The court, in finding that the government’s document expert should not have been permitted to testify, held that “junk science” has no place in administrative proceedings.(Pasha v. Gonzales, 12/29/05)
CA2 Uses Airport Interview to Uphold Negative Credibility Finding
The court noted that it exercises caution when reviewing airport statements, but found no indication that Petitioner’s statement was coerced, truncated, or mistranslated. (Guan v. Gonzales, 12/23/05)
CA1 Finds No Jurisdiction to Review One-Year Asylum Deadline
The court held that it lacked jurisdiction to decide whether Petitioner timely filed for asylum because the INA bars judicial review and the REAL ID Act only restored jurisdiction for constitutional claims and questions of law. (Mehilli v. Gonzales, 12/22/05)
CA8 Lacks Jurisdiction Over Asylum Denial Based on One-Year Asylum Deadline
The court said it lacked jurisdiction to review the denial of a hardship waiver application. The court also found that “extraordinary circumstances” did not exist to excuse an asylum application filed late. (Ignatova v. Gonzales, 12/19/05)
Top 10 “Poison Pills” in H.R. 4437
AILA’s list of the top 10 “Poison Pills” in the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (HR 4437), as amended and passed by the House on 12/16/05.
House Passes Harsh, Enforcement-Only Bill That Would Criminalize 11 Million Immigrants
On 12/16/05, the House completed consideration of Rep. Sensenbrenner’s (R-WI) enforcement-only bill, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437). AILA believes this bill is disappointing and disastrous for both immigrants and U.S. citizens.
Congressional Budget Office’s Cost Estimate for H.R. 4437
The Congressional Budget Office has issued a cost estimate for the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437), as ordered reported by the House Judiciary Committee on 12/8/05.
CA8 Denies Petition for Review of Gay Asylum Applicant from Zimbabwe
The Court upheld the IJ’s decision that Petitioner failed to show past persecution and that Petitioner failed to establish a well-founded fear, despite the Zimbabwean government’s hostility toward homosexuals and the fact that homosexuality is illegal. (Kimumwe v. Gonzales, 12/13/05)
CIS Ombudsman Recommendation that USCIS Utilize I-797 for Asylum Approval Notifications
CIS Ombudsman’s 12/7/05 recommendation to USCIS that the Asylum Division utilize the automated and standardized USCIS Notice of Action Form (I-797) that includes Form I-94 for asylum approval notifications.
CA9 Denies Government’s Request for Rehearing En Banc in Asylum Case Involving Disabled Russian Child
CA9 denied the petition for a rehearing en banc. Seven judges dissented, stating that the case had profound implications and that by allowing the harms suffered by a child to be imputed to the parent, the panel had created a reverse derivative asylum claim. (Tchoukhrova v. Gonzales, 12/5/05)
CA9 Rejects Asylum Claim of Chinese Christian Giving Little Weight to Hearsay Evidence (Updated 9/8/06)
The Court found that Petitioner failed to demonstrate past persecution well-founded fear, and that where an applicant’s testimony consists of hearsay evidence, the statements by the out-of-court declarant may be accorded less weight by the trier of fact. (Gu v. Gonzales, 12/1/05)
USCIS Reminds ABC Class Members of New Address Change Procedures
With the ABC Project Post Office Box now closed, USCIS will no longer accept change of address forms sent to that box. Class members must now use the address listed on Form AR-11 in order to report a change of address.
CA2 on Economic Persecution
The court upheld the IJ’s determination that the economic harm suffered by Petitioner, including dismissal from a university and employment in a factory for over 20 years, did not constitute persecution. (Damko v. Gonzales, 11/30/05)
Minutes of the 11/8/05 Asylum Office Meeting
Minutes of the 11/8/05 Headquarters Asylum Office meeting with NGOs, discussing such topics as interpreter services, material support bar, one-year filing deadline, coercive population control cases, FBI name checks, employment authorization, and more..
CA3 Finds IJ’s Adverse Credibility Determination Was Erroneous
The court found that even though it must afford substantial deference to the IJ's adverse credibility finding, the contradiction between the doctor’s note and the petitioner’s testimony was created by the IJ’s own strained interpretation of the note. (Butt v. Gonzales, 11/23/05)
DHS Announces DOJ Motion That Would Allow Expedited Removal to be Applied to Salvadorans
DHS announces DOJ decision to file a motion to end the 1980's Orantes injuction which, if successful, will allow DHS to apply Expedited Removal to Salvadorans.
CA5 Finds Clock Stopping Provision May Not Be Applied Retroactively
The court found that the stop-time rule did not apply retroactively to Petitioner’s 1989 theft conviction, a crime of moral turpitude, to end the accrual of continuous physical presence for purposes of relief under former §212(c). (Gonzalez-Garcia v. Gonzales, 11/15/05)
CA7 Criticizes DHS and DOJ, But Says Being a “Material Witness” is Not a Basis for Asylum
The Court criticized DHS and DOJ for not giving systematic guidance on credibility issues to IJs and the BIA, but ultimately denied Petitioner’s claim, stating that being a material witness was not a basis for asylum. (Djouma v. Gonzales, 11/15/05)
NSC Teleconference Q & A's on Business Product Line (8/25/05)
The NSC Teleconference Q&As (8-25-05) include: backlog reduction, I-485s (including asylum), National Interest Waivers, RFEs, I-129s, consular notification, I-140s, I-765s, I-131s, Advance Parole, H-1Bs, appeals, G-28s, L petitions, recaptured time, Schedule A Workers, etc.
CA2 Says IJ Relied on “Impoverished View” of Political Opinion
The court found that the IJ erred in holding that opposition to government extortion cannot serve as a basis for an asylum claim based on political opinion. (Zhang v. Gonzales, 11/13/05)
CA8 Holds IJ Offered Specific Cogent Reasons for Adverse Credibility Finding
The Court found that a fraudulent memorandum significantly undermined Petitioner’s credibility; no forensic examination of his passport was required; the IJ did not err in requiring corroboration; and the Petitioner failed to demonstrate CAT eligibility. (Bropleh v. Gonzales, 11/10/05)
BIA Says Termination of LPR's Refugee Status Not Required to Initiate Removal Proceedings
The BIA held that removal proceedings may be commenced against an alien who was admitted to the U.S. as a refugee under section 207 without prior termination of the alien’s refugee status. (Matter of Smriko, 11/10/05)
NSC Teleconference Q & A's on Other Product Line (11/3/05)
The NSC Teleconference Q&As (11-3-05) include: Bi-specialization; CSPA and age computation; Forms N-400, I-130, I-824, I-102, I-94, I-821, and AR-11 Change of Address; fee changes; etc.
AILA/TSC Liaison Meeting Minutes (11/07/2005)
TSC replies to AILA liaison questions regarding H-1B petitions for residents of Iran, I-824 processing, I-693 requests for asylee adjustment applicants, NIW waivers for J-1 physicians, 245(i) grandfathering, and resolution of cases denied due to service error..