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
DHS Extends Comment Period for I-590 Information Collection Request
DHS extends comment period on information collection request regarding Form I-590. Comments due 10/26/05. (70 FR 56181, 9/26/05)
CA2 Rejects Adverse Credibility in Chinese Asylum Claim
The court found that Petitioner’s testimony about his wife’s forced abortion was not, as the IJ claimed, “scant of details,” and that the IJ’s finding that Petitioner’s documents were fabricated was not supported by the evidence. (Chen v. Gonzales, 9/23/05)
CA7 Finds IJ’s Adverse Credibility Determination Was Supported by Substantial Evidence
The Court found that the inconsistencies and implausibilities in Petitioner’s story, pointed out by the IJ, went to the heart of the claim and were sufficient to support an adverse credibility finding. (Hussain v. Gonzales, 9/20/05)
Draft DHS Employee Handbook on Katrina Issues
Draft of handbook being prepared for DHS employees regarding issues arising from Hurricane Katrina.
CRS Report on Hurricane Katrina-Related Immigration Issues
Congressional Research Service report on whether some immigration laws and benefits policies should be relaxed with respect to foreign nationals who are victims of Hurricane Katrina and what benefits are available.
CA7 Holds BIA Erred in Finding Testimony Inconsistent with Country Reports
The Court found that the BIA erred in denying Petitioner’s motion to reconsider, holding that his testimony about the persecution he suffered was not inconsistent with the background information on conditions for Coptic Christians in Egypt.(Dawoud v. Gonzales, 9/19/05)
CA9 Critical of Own Precedent Decisions & Says REAL ID Act Will Help Clarify Matters in Future Asylum Cases
CA9 held that Petitioner’s testimony was not inconsistent, implausibleor evasive. It expressed concern over its rules that obscure clear standards and stated its relief that the REAL ID Act would clarify the grounds for an adverse credibility determination. (Jibril v. Gonzales, 9/19/05)
CA1 Finds No Well-Founded Fear for Chinese Asylum Applicant
The court found that Petitioner failed to exhaust his claim of past persecution and could not establish a well-founded fear of future persecution because he admitted that he could return to China without fear. (Xu v. Gonzales, 9/16/05)
CA7 Says Ethnic Chinese Indonesian With Permanent Residency in Singapore Is Firmly Resettled
Stating that the most important issue in firm resettlement is whether the stopover country made an offer of permanent residency, the court found that Petitioner was ineligible for asylum since Singapore offered permanent residency. (Firmansjah v. Gonzales, 9/16/05)
CA6 Upholds IJ’s Asylum Denial Due to Use of Fraudulent Article and IJ’s Finding that Application Was “Frivolous”
The Court held that Petitioner’s submission of the fraudulent newspaper article in support of a key element in his asylum claim was sufficient support for the IJ’s adverse credibility finding. (Selami v. Gonzales, 9/16/05)
CA7 Holds BIA’s “Very Significant Mistake” As Grounds to Overrule Credibility Determination
The Court overturned the credibility determination, finding that the BIA’s“very significant mistake” that applicant was from eastern, not southern, Uganda, suggested that it was not aware of the most basic facts of the case. (Ssali v. Gonzales, 9/14/05)
CA2 Rules Definitively That Imputed Political Opinion Is a Ground for Asylum
The court, in reversing the IJ’s denial of asylum, found that the IJ erred in failing to consider that a political opinion was imputed to Petitioner by Chinese authorities. (Gao v. Gonzales, 9/9/05)
CA7 Finds Landowning Class of Cattle Farmers in Colombia Constitutes a Particular Social Group
The Court found that Petitioners belonged to the particular social group of the educated, landowning class of cattle farmers. The Court found that they suffered past persecution including the murder of a family member, death threats and extortion. (Tapiero de Orejuela v. Gonzales, 9/8/05)
CA10 Holds Past FGM Constitutes Persecution and Adopts BIA’s Acosta Definition of Particular Social Group
In remanding the asylum claim by Senegalese woman, the court held that past FGM constitutes persecution and adopted the BIA’s definition of particular social group set forth in Acosta and remanded to the BIA to frame Petitioner’s particular social group. (Niang v. Gonzales, 9/8/05)
CA11 Agrees that Colombian Family Had No Credible Fear of FARC
The Court found that Petitioners failed to show it was more likely than not that the FARC would harm them because of Petitioner father’s political activities. (Garcia-Reina v. U.S. Atty. Gen., 9/8/05)
CA9 Reverses IJ & Criticizes Her Predisposition to Discredit Testimony of Asylum-Seekers
The Court held that substantial evidence did not support the IJ’s negative credibility determination. It noted that it had reversed this IJ’s credibility determination in several previous cases and instructed the BIA to remand the case to a different IJ. (Smolniakova v. Gonzales, 9/7/05)
CA2 Says Prima Facie Showing Not Requred for Certain CAT MTRs
The court found that the CAT regulations on motions to reopen do not require applicants to establish a prima facie CAT case if their case was pending on or after March 22, 1999. (Guo v. Gonzales, 9/7/05)
CA11 Upholds Adverse Credibility Finding in Haitian Asylum Case
The Court upheld the IJ’s decision to deny asylum, withholding of removal and CAT protection. The Court held that Petitioner’s testimony was “too general” and failed to demonstrate a connection between the persecution and Petitioner’s political opinion. (Dolce v. U.S. Atty. Gen., 9/6/05)
CA1 Upholds IJ Denial of Azeri-Armenian Asylum Claim
The court found that Petitioner failed to connect the past harm he suffered to the Armenian government or its inability to prevent the harm, and also found that he had resided safely elsewhere within Armenia. (Harutyunyan v. Gonzales, 9/2/05)
Notice of Allocations of Targeted Assistance Grants to States for Refugee Services
Final notice from HHS regarding availability of funds for fiscal year 2005 Targeted Assistance Program grants to states for services to refugees under the Refugee Resettlement Program. (70 FR 52408, 9/2/05)
CA7 Finds IJ Erred in Making Adverse Credibility Determination & Violated Right to Due Process
The Court held that the IJ relied on irrelevant inconsistencies in reaching his adverse credibility finding. It also held that the IJ violated the Petitioner’s right to due process by barring the testimony of her experts. (Rodriguez Galicia v. Gonzales, 9/2/05)
CA9 Holds BIA Abused Its Discretion in Denying Motion to Reopen Indian Asylum Claim
The Court found that Petitioner established prima facie eligibility for asylum by showing other family members have been harmed since her asylum hearing. The Court rejected the BIA’s characterization of Petitioner’s affidavit as “self-serving.” (Bhasin v. Gonzales, 9/1/05)
CA7 Overturn IJ’s Credibility Determination of Chinese Asylum-Seeker Forced to Abort a Pregnancy
The Court held that the evidence did not support the IJ’s finding that Petitioner’s story was implausible. The IJ also erred in basing his adverse credibility finding on her use of false entry documents. (Dong V. Gonzales, 8/31/05)
CA2 Finds BIA Erred in Denying Remand of Chinese One-Child Asylum Claim
The court found that the new evidence, including the availability of the wife to testify regarding forced abortion, medical records, and a birth certificate for the second child, was material and not available at the time of the hearing. (Cao v. Gonzales, 8/31/05)
ORR Awards Grant to HIAS to Aid in Refugee Marriage Enrichment Projects
The Office of Refugee Resettlement (ORR) announces a program award in the amount of $200,000 to the Hebrew Immigrant Aid Society to provide additional training and technical assistance to organizations implementing Refugee Marriage Enrichment projects. (70 FR 51357, 8/30/05)