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 Remands Withholding Claim for BIA to Determine if Forcible IUD Insertions Amount to Persecution
The Court overturned BIA’s ruling that Petitioner’s testimony lacked sufficient detail to meet her burden of proof for withholding of removal. The Court, however, remanded to the Board the issue of whether forcible IUD insertions amount to persecution. (Zheng v. Gonzalez, 5/24/05)
CA9 Reverses CAT Denial and Reiterates Test for Determining “Acquiescence” of a Public Official
CA9 rejected the Matter of S-V- test of acquiescence and reiterated that the test in CA9 is that Petitioners “need only prove that the government is aware of the third party’s tortuous conduct and does nothing to intervene to prevent it” for CAT claims. (Ochoa v. Gonzales, 5/16/05)
CA11 Finds It Has Jurisdiction to Review an Asylum Denial of a Visa Waiver Program (VWP) Applicant
The Court raised the issue of jurisdiction sua sponte and found that it had jurisdiction to review the asylum denial of a VWP applicant, even though BIA had not issued a removal order. The Court, however, upheld the asylum denial. (Nreka v. Gonzalez, 5/16/05)
EOIR Memorandum on Lifting of Numerical Limitations on Asylum Grants Based on Coercive Population Control Methods
Rescinding OPPM 99-01, this memorandum was issued in light of the elimination of the numerical limitation on asylum grants related to persecution for resistance to coercive population control methods.
CA1 Upholds Adverse Credibility Where Applicant Omitted Physical Abuse
The court found that the omission of two significant incidents of abuse and torture by a Palestinian from Lebanon in his asylum application and testimony to an asylum officer supported the IJ’s finding that he was not credible. (Sharari v. Gonzales, 5/16/05)
CA3 Overturns Negative Credibility Finding Against Chinese Pediatrician Who Exposed Infanticide
The court held that the IJ’s negative credibility finding was based on speculation and conjecture surrounding evidence including Petitioner’s distinction between infanticide and abortion, her contacts with a reporter, and the facts surrounding her escape. (Cao v. Gonzales, 5/12/05)
CA8 Upholds Negative Credibility Determination in Asylum Claim & Finds Willful Misrepresentation Sufficient to Deny AOS
CA8 upheld an adverse credibility finding for a Nigerian asylum applicant claiming religious persecution, as well as the determination that she was ineligible for adjustment of status because statements made in her asylum claim were willful misrepresentations. (Falaja v. Gonzalez, 5/11/05)
CA8 Upholds IJ’s Withholding and CAT Denial Based on Lack of Corroboration Applying Three-Part Test
The IJ denied Petitioner’s claims, finding that he was credible, but he had not reasonably explained his failure to obtain corroborating evidence. The Court upheld the decision finding that IJ had met the three-part test criteria. (Madjakpor v. Gonzales, 5/11/05)
CA6 Reverses IJ’s Negative Credibility Finding in Pro Se Appeal
The court found that the IJ’s adverse credibility determination was not supported by substantial evidence. (Chen v. Gonzales, 5/10/05)
CA6 Reverses BIA’s Finding that Albanian Political Activists Failed to Establish Past Persecution
CA6 found that the determination that Petitioners did not suffer persecution was not supported by substantial evidence, finding that the harm, including physical abuse, verbal harassment, home searches, and death threats compelled a finding of past persecution. (Gilaj v. Gonzalez, 5/9/05)
CA3 Overturns BIA by Applying Mixed Motive Analysis
The court rejected the argument that the child had not met his burden of proof where the motivation for his arrest was based in part on a legitimate law enforcement purpose, noting that persecution need not be motivated solely by a protected ground. (Singh v. Gonzales, 5/5/05)
CA9 Claims Jurisdiction to Examine Circumstances Causing Late Filing of Asylum Claim When IJ & BIA Fail to Do So
CA9 found that the IJ and BIA had failed to address Petitioner’s argument that his failure to file within one year was due to extraordinary circumstances remanded. It also overturned the IJ’s ruling that Petitioner was targeted for purely personal reasons. (Sagaydak v. Gonzales, 5/4/05)
Summary and Analysis of the REAL ID Act of 2005
AILA’s summary and analysis of selected immigration provisions of the REAL ID Act (H.R. 418) contained in the Emergency Supplemental Appropriations Package (H.R. 1268) revised to reflect the information provided in the 5/3/05 conference report.
CA10 Declines to Adopt Definition of a Particular Social Group in Rejecting Asylum Claim of Honduran Debtors
CA10 held that regardless of which “particular social group” definition was applied, being small businessmen whose businesses were ruined by Hurricane Mitch, and who are indebted to private creditors, failed to meet any of the circuit courts’ tests. (Cruz-Funez v. Gonzales, 5/2/05)
CA4 Finds Insertion of an IUD and a Fine Not Persecution
CA4 found insertion of an IUD did not constitute persecution where Petitioner never had the IUD removed and had a child unharmed in China despite nonpayment of a substantial fine. It also found that the fine imposed did not constitute a threat to life or liberty. (Li v. Gonzales, 5/2/05)
CA3 Finds Child of Parents Subject to Coercive Population Controls Is Not Eligible for Asylum
The court concluded that Petitioner could not establish eligibility for asylum by virtue of the harm his parents suffered as a result of China’s coercive population control methods because his interest in the birth of the additional child is remote. (Wang v. Gonzales, 4/27/05)
White House Expresses Strong Support for Harsh Immigration and Asylum Provisions Contained in H.R. 1268
A letter to the Appropriations Committee Chairman Jerry Lewis (R-CA) from the White House supporting the immigration and asylum provisions in the REAL ID Act and urging speedy passage of the Emergency Supplemental Bill (H.R. 1268).
CA9 Holds Disabled Russian Child and His Parents Constitute a “Particular Social Group”
The Court held that a disabled child and his parents are eligible for asylum and entitled to withholding because the harm to the child amounts to persecution. The Court also found that the harm is persecution to the parents as well. (Tchoukhrova v. Gonzales, 4/21/05)
CA9 Finds Torture of Soldier by Eritrean Army Not Justified by State of War
The Court granted withholding of removal and CAT relief to an Eritrean soldier who was tortured for his opposition to the war with Sudan, finding that as a deserter he had a well-founded fear of future harm. (Nuru v.Gonzales, 4/21/05)
CA2 Says False Statement to Asylum Officer Is “False Testimony”
The court gave deference to Matter of R-S-J-, and found that false statements made under oath in an asylum interview is false testimony, thus precluding Petitioner from demonstrating good moral character. (Medina v. Gonzales, 4/14/05)
CA7 Overturns IJ’s Denial of Chinese Catholic Asylum Claim on Credibility Grounds
The Court found that the IJ’s negative credibility and lack of corroboration findings were not supported by substantial evidence. The Court criticized the IJ for repeatedly interrupting Petitioner’s testimony and not allowing her to explain her answers.(Huang v. Gonzales, 4/14/05)
CA9 Questions Reliability of Asylum Officer’s Assessment; Finds, Standing Alone, Insufficient Evidence to Support Adverse Credibility Finding
The Court determined that none of the four reasons cited by the IJ were valid grounds for making an adverse credibility determination and, in particular, pointed out the unreliability of the AO’s Assessment to Refer. (Singh v. Gonzales, 4/13/05)
CA7 Finds Airport Interview of 17 Year-Old Iraqi Reliable; Affirms IJ’s Negative Credibility Determination
CA7 upheld the negative credibility finding of an Assyrian Christian from Iraq finding that his airport interview, when he was 17, was reliable because there was a full transcript, a translator, and no objection to the use of the transcript at the hearing. (Jamal-Daoud v. Gonzales, 4/12/05).
CA8 Upholds IJ’s Negative Credibility Determination
The Court found that the IJ gave specific, cogent reasons for disbelieving Petitioner. The IJ found inconsistencies in testimony about her rape, and noted that she stated that her boss did not tell her why he was raping her. (Alemu v. Gonzales, 4/8/05)
DOS Fact Sheet on Refugee Admissions for East Asia
DOS's Bureau of Population, Refugees, and Migration's fact sheet on refugee admissions for East Asia. The ceiling in FY2005 for refugees from East Asia is 13,000 of which some 10,000 will be utilized by Lao-Hmong from Thailand. The remaining admissions will include primarily Burmese and Vietnamese.