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
DOS Fact Sheet on FY2005 Refugee Admissions Program for Near East and South Asia
The DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for the Near East and South Asia, which summarizes a brief history of refugee admissions from this region, and states that the FY2005 ceiling for this region is 2,500.
DOS Fact Sheet on FY2005 Refugee Admissions Program for East Asia
The DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for East Asia for FY2005, which has a ceiling for this region of 13,000. Approximately 10,000 of the admissions will be used by Lao-Hmong from Thailand.
DOS Fact Sheet on FY2005 Refugee Admissions Program for Europe and Central Asia
DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for Europe and Central Asia, which summarizes refugee admissions from the region and states that the FY 2005 ceiling for Europe and Central Asia is 9,500.
DOS Fact Sheet on FY2005 Refugee Admissions Program for Latin America and the Caribbean
DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for Latin America and the Caribbean. The FY2005 ceiling for this region is 5,000, with most of these admissions being Cubans processed through the in-country program.
DOS Fact Sheet on FY2005 Refugee Admissions Program for Africa
The DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for Africa summarizes a brief history of refugee admissions from this region, and states that the FY2005 ceiling for this region is 20,000.
DOS Fact Sheet on FY2005 Refugee Reception and Placement Program
DOS fact sheet provides a brief description of the refugee Reception & Placement program and lists the ten voluntary agencies participating in the DOS program during FY2005.
CA3 Says IJ’s Negative Credibility Finding Was Based on His “Unsupported Personal Opinion”
The court found that a Georgian asylum-seeker was entitled to have his asylum case remanded because the IJ’s negative credibility finding was not supported by substantial evidence. (Jishiashvili v. Atty. Gen. of U.S., 4/1/05)
NSC Refugee/Asylee Product Line Teleconference Q & A's (3/31/05)
NSC Refugee/Asylee Teleconference Q&As (3-31-05) include: NSC staffing, processing times, FBI name checks, RFEs, I-730s, I-485s, EAD production, OF-157s, DS-2053s, medical exams, G-325As, Indochinese I-485 processing, I-643s, overseas medical reports, and processing for separated family members.
Report from AILA Tour of National Visa Center
During the Fall 2004 tour by AILA members of the National Visa Center, such topics as case processing, document review, appointment scheduling, and inquiries were discussed.
CA9 Finds Chinese Christian Woman from Indonesia Established Well-Founded Fear of Future Persecution (Updated 5/21/07)
CA9 reversed the BIA’s determination that there was no evidence that the Indonesian government was unable or unwilling to control the perpetrators of religious and ethnic violence. It relied on the voluminous record, including DOS reports and expert testimony. (Lolong v. Gonzales, 3/18/05)
CA6 Holds IJ Erred in Denying Iraqi Family CAT Relief; Remands Claim to BIA After Finding Changed Country Conditions
CA6 found that the IJ ignored the arrest warrant issued for the principal Petitioner and the torture he suffered at the hands of the Iraqi government, but remanded due to changed country conditions. (Namo v. Gonzales, 3/17/05)
Minutes of 3/17/05 USCIS HQ Liaison Meeting
Discussions with USCIS included such issues as AC21, I-751 waivers, unlawful presence, naming conventions, non-precedent AAO decisions, Infopass, and issues related to dealing with PERM.
EOIR Responses to AILA's Liaison Questions (3/16/05)
Liaison issues addressed with EOIR included such topics as e-filing, asylum clock issues, application in Immigration Courts of recent circuit court and BIA decisions, FOIA, the new security clearance regulations, among other pressing issues.
CA5 Confirms Jurisdiction Over MTR Denials; Grants Asylum in Falun Gong Case
The court held that it can review denials of motions to reopen because the AG’s discretion over them is not “specified" in the INA. Court also said BIA erred by not reopening to consider recent country condition records. (Yu Zahao v. Gonzales, 3/15/05)
CA6 Rejects Inadequate Interpreter Argument by Asylum Seekers
The Court upheld the negative credibility determination based on numerous inconsistencies by the Petitioners. The Court found that isolated interpretation problems did not prejudice the Petitioners because they did not affect the outcome of their case. (Gishta v. Gonzales, 3/15/05)
CA9 Refuses to Review “Literally Incomprehensible” Asylum Opinion by IJ
The Court found the IJ’s decision, which the BIA affirmed without opinion, to be “literally incomprehensible,” notimg that the IJ made confusing statements in his opinion. (Recinos de Leon v. Gonzales, 3/11/05)
CA9 Holds Failure to Raise Past FGM in Asylum Claim Constitutes Ineffective Assistance of Counsel
CA9 found that the failure to raise FGM suffered as a girl in Somalia was ineffective assistance, holding FGM amounts to persecution on account of her particular social group, which could be defined as Somali females. (Mohammed v. Gonzales, 3/10/05)
CA3 Finds Deliberate Imposition of Severe Economic Disadvantage Is Persecution
The court held that the economic restrictions faced by Petitioner, which included a 1200 yuan fine, blacklisting from government employment, and confiscation of personal property, were severe and amounted to persecution in the aggregate. (Li v. Atty. Gen. of U.S., 3/10/05)
CA7 Overturns Asylum Denial of Falun Gong Practitioner in Scathing Opinion by Judge Posner
The court, criticizeing IJs for their “exaggerated notion” of what people know about their religions and found the inconsistencies to be trivial, held that the IJ failed to provide a rational analysis of the evidence.(Iao v. Gonzales, 3/9/05)
AILA Issue Packet on REAL ID Act
Many of the troubling anti-immigrant provisions that were stripped from the intelligence reform bill have resurfaced as part of the REAL ID Act (H.R. 418). This packet will assist you in opposing the REAL ID Act.
CA9 Grants Petition for Review of Asylum Seeker Whose Wife Was Forcibly Sterilized
CA9 held that Petitioner was entitled to withholding of removal due to the involuntary sterilization of his wife. It found that sterilization was a permanent and continuing harm and well founded fear can[t be eliminated with changed conditions or relocation. (Qu v. Gonzales, 3/8/05)
CA9 Holds “All Alien Homosexuals” Are Members of a Particular Social Group in Granting Petition for Review for Gay Lebanese Man
Court finds that a Lebanese national established a well-founded fear of persecution because he was “outed” as a homosexual and because of his AIDS infection. In so finding the Court held that “all alien homosexuals” are members of a particular social group. (Karouni v. Gonzales, 3/7/05)
CA11 Finds IJ’s Negative Credibility Determination in Haitian Asylum Claim is Supported by Substantial Evidence
Court upholds negative credibility determination where the IJ offered specific, cogent reasons for disbelieving Petitioner and Petitioner failed to submit any corroborating evidence. (Forgue v. U.S. Atty. General, 3/7/05)
NSC Sending Notices to Certain Asylee Adjustment Applicants
The Nebraska Service Center announces that it is sending Requests for Initial Evidence to asylee adjustment applicants that it has identified as eligible for adjustment in fiscal 2005 to request medical documentation and an updated Form I-693.
USCIS Provides Lesson Plan on Interviewing – Eliciting Testimony
USCIS provided part three of its Asylum Officer Basic Training lesson plan on interviewing. This lesson provides instruction on how to elicit information from an asylum applicant in a nonadversarial manner.