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
CA2 Finds Petitioner’s Ground of Removal Was Insufficiently Related to His Marriage Fraud to Support INA §237(a)(1)(H) Waiver
The court upheld the BIA’s determination that petitioner could not invoke INA §237(a)(1)(H)’s fraud waiver to waive his charge of removability, because his conditional permanent resident status terminated automatically due to his failure to submit a joint petition. (Bador v. Garland, 7/11/24)
Alternatives to Immigration Detention: An Overview
The American Immigration Council examines alternatives to U.S. immigration detention, advocating for community-based, case management models over surveillance-heavy programs to improve compliance and reduce detention costs.
CA3 Holds That Time Spent in Pretrial Detention Is Confinement as a Result of Conviction under the INA
The court held that pre-conviction detention credited toward a defendant’s sentence is confinement “as a result of conviction” under INA §101(f)(7), thus precluding a finding of good moral character under the cancellation of removal statute. (Aguilar v. Att’y Gen., 7/10/24)
Think Immigration: Protecting Afghan Asylum Seekers Who are Not Considered “Allies”
Diversity, Equity, and Inclusion Committee Law Student Scholarship recipient Sanaa Talwasa describes why she believes USCIS should regard all Afghan asylum applicants as "allies" and consider them eligible for an expedited asylum application process and supportive policies.
CA8 Remands Asylum Claim of Pastor of Christian Church in El Salvador Who Was Targeted by MS-13 Gang Members
The court held that the BIA and IJ failed to conduct the required careful examination of the record to determine whether religion may have been one of multiple central reasons for the gang members’ persecution of the petitioner in El Salvador. (Rivera v. Garland, 7/5/24)
AILA and the Council Submit Comment on the Secure the Border Interim Final Rule
AILA and the American Immigration Council submitted a comment to DHS and DOJ's Interim Final Rule titled, Securing the Border, stating that, "AILA and the Council oppose the interim regulations because they will return vulnerable individuals who deserve protection from danger and potential death."
DHS OIG Publishes Report on USCIS Affirmative Asylum Claim Challenges
DHS OIG published a report on USCIS’s handling of affirmative asylum claims, finding that the agency did not process applications in a timely manner to meet statutory timelines and reduce the existing backlog.
CA9 Holds That California Carjacking Is Not a Crime of Violence under INA §101(a)(43)(F)
The court concluded that a conviction for carjacking in California under Cal. Pen. Code §215(a) was not a categorical crime of violence, and that the BIA erroneously determined that the petitioner had waived his challenge to the moral turpitude removal charge. (Gutierrez v. Garland, 7/2/24)
CA1 Finds That Guatemalan Petitioner’s Proposed PSG of “Climate Refugee” Was Not Legally Cognizable
The court held that the BIA did not err in finding that petitioner had failed to show that his proposed particular social group (PSG)—“climate refugee”—was legally cognizable, upholding the IJ’s determinization that it lacked social distinction in Guatemala. (Cruz Galicia v. Garland, 7/1/24
BIA Issues Memo on the Handling of Classified Information at the BIA
The BIA issued BIA Operating Policies and Procedures Memorandum 24-01, Classified Information at the Board of Immigration Appeals, on the proper handling of classified information at the BIA.
CA9 Holds That Conviction in California for Impeding Person from Reporting Crime Was Offense “Relating to Obstruction of Justice”
The court held that the petitioner’s conviction in California for violating Cal. Penal Code §136.1(b)(1), which encompasses conduct geared toward impeding a person from reporting a crime, qualified as an aggravated felony under INA §101(a)(43)(S). (Cordero-Garcia v. Garland, 6/27/24)
CA9 Holds That Petitioner’s Jehovah’s Witness Faith Was One Central Reason for His Feared Harm in El Salvador
The court held that the BIA erred in determining the petitioner was not eligible for asylum because he was not targeted due to a protected ground, finding that the record compelled the conclusion that religion was one central reason for his feared harm. (Alfaro Manzano v. Garland, 6/25/24)
USCIS Issues Guidance on Customer Service Options for Refugee/Asylee Relative Petitions
USCIS issued policy guidance in the USCIS Policy Manual to clarify the customer service options available to petitioners of Refugee/Asylee Relative Petition (Form I-730). Guidance is effective on 6/25/24, and comments are due by 7/25/24.
CA7 Finds It Lacks Jurisdiction to Review IJ’s Denial of Petitioner’s Request for Cancellation under Wilkinson v. Garland
The court held that, under the U.S. Supreme Court’s recent ruling in Wilkinson v. Garland, it lacked jurisdiction to consider the Mexican petitioner’s challenge to the IJ’s discretionary decision denying cancellation of removal. (Santiago Lopez v. Garland, 6/24/24)
CA3 Concludes That Removal Order Is Not Final Until Decision Has Been Made on Request for Withholding of Removal
The court held that INA §242(b)(1)’s 30-day filing deadline to seek judicial review of a removal order is nonjurisdictional, and that a removal order is not final until a decision has been made on a noncitizen’s request for withholding of removal. (Inestroza-Tosta v. Att’y Gen., 6/21/24)
CA4 Upholds Denial of CAT Deferral to Salvadoran Petitioner with Gang-Related Tattoos and Criminal Record
The court held that the IJ did not ignore experts’ testimony and the agency applied the correct legal standard in finding that petitioner had not shown he was likely to suffer torture in El Salvador due to his gang-related tattoos and criminal record. (Lopez-Sorto v. Garland, 5/31/24)
CA11 Upholds Withholding of Removal and CAT Denial to Transgender Petitioner from Mexico
The court held that the petitioner failed to show a likelihood of future persecution or torture in Mexico based on transgender status, and thus upheld the BIA’s denial of their claims for withholding of removal and relief under the Convention Against Torture (CAT). (A.P.A. v. Garland, 6/6/24)
Asylum Office Guide – Best Practices
This best practices guide was written by AILA’s Asylum & Refugee Liaison Committee and contains information specific to each USCIS asylum office, including contact information for the office and local AILA liaisons, interview wait times, rescheduling requests, and more.
BIA Holds That Rape Clearly Rises to Level of Torture and Can Never Be a Lawful Sanction under the CAT
The BIA held that rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention Against Torture (CAT), and remanded the respondent’s case to a different IJ based on an appearance of bias. Matter of H–C–R–C–, 28 I&N Dec. 809 (BIA 2024)
Key Takeaways from the CIS Ombudsman Open Forum 2024 AILA Annual Conference
AILA’s High Impact Adjudication Assistance (HIAA) Committee shares five key takeaways from the CIS Ombudsman Open Forum at the AILA Annual Conference on June 14, 2024.
DHHS Notice of Realignment of the Office of Refugee Resettlement
DHHS notice of the realignment, making the ORR’s Refugee Program and Unaccompanied Children Program the Refugee Program Bureau and the Unaccompanied Children Bureau, respectively; creating the Bureau of Operations; and aligning the divisions. Effective 6/12/24. (89 FR 49889, 6/12/24)
Featured Issue: Border Processing and Asylum
This featured issue page provides updates, analyses, and other resources on border processing and asylum policies, and AILA’s advocacy on the creation of a humane and fair border processing system for all individuals arriving at our southern border seeking safety.
Think Immigration: The Next Best Thing to Attending the AILA Law Journal Symposium Is Reading This Issue
AILA Law Journal Editor-in-Chief Cyrus Mehta runs through the pieces in this special edition of the journal which focuses on the AILA Law Journal’s first-ever symposium held this Spring on “Shaping Immigration Policy Through the Federal Courts.”
AILA and the Council Comment on the Application of Certain Mandatory Bars in Fear Screenings
AILA and the American Immigration Council submitted a joint comment on NPRM, Application of Certain Mandatory Bars in Fear Screenings.
CA1 Concludes That Petitioner Detained Nearly Four Years While Seeking CAT Relief Was Not Entitled to Habeas Relief
The court affirmed the district court’s denial of habeas relief, finding that the petitioner had not exhausted his administrative remedies to prevent removal, but rather was being detained because his Convention Against Torture (CAT) proceedings remained pending. (G.P. v. Garland, 6/11/24)