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 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..
CA9 Overturns Negative Credibility Determination of Chinese Christian
The Court found that minor discrepancies were insufficient to support an adverse credibility finding, and that the record compelled a finding of past persecution and a well-founded fear of future persecution on account of Petitioner’s Christian religion. (Quan v. Gonzales, 11/7/05)
CA8 Overturns IJ’s Asylum Denial & Rejects Government's "Floodgates" Argument
CA8 held Petitioners presented credible evidence of a well-founded fear based on the birth of their two children. Court criticized IJ for not mentioning significant evidence, and relied on REAL ID Act to reject the government’s floodgates argument. (Yang v. Gonzales, 11/4/05)
CA2 Finds Significant Errors in IJ's Denial of Asylum
The court held that the IJ relied on speculation, failed to consider all of the significant evidence, and placed undue reliance on the fact that the Petitioner’s documents were not authenticated. (Lin v. Gonzales, 11/4/05)
CA6 Finds “Indiscriminate Abuse” against Demonstrators Does Not Amount to Persecution
The Court found the injuries Petitioner suffered at demonstrations were the result of civil unrest between political factions, not political persecution. The Court also held she did not have a well-founded fear. (Skirko v. Gonzales, 11/4/05)
CA9 Awards EAJA Fees
The Court determined that Petitioner was entitled to recover fees under EAJA, but declined to adopt a per se rule that immigration law is a specialty area warranting enhanced hourly rates. (Thangaraja v. Gonzales, 11/3/05)
CA9 Addresses One-Year Asylum Bar Post-REAL ID
The court lacked jurisdiction over whether the IJ erroneously found that Petitioner failed to demonstrate “changed circumstances,” which would excuse her untimely asylum application, because the alleged IJ error did not raise a legal issue. (Ramadan v. Gonzales, 11/2/05)
CA8 Upholds Asylum Denial Based on Lack of Credibility, Lack of Nexus & Criminal Conviction
The Court held that inconsistencies went to the heart of Petitioner’s asylum claim, and held that he failed to establish persecution on account of a protected ground. (Sheikh v. Gonzales, 11/2/05)
CA5 Vacates August 9, 2005 Decision Which Found that a Chinese Christian Failed to Show He Was Persecuted for His Religious Beliefs
The court vacated its earlier decision reaffirming the BIA’s finding that a Chinese Christian asylum-seeker was not punished because of his religion, but because he violated the law regarding unregistered churches. (Li v. Gonzalez, 11/1/05)
Presidential Determination on FY2006 Refugee Admissions
The White House announces its determination of refugee admission numbers and allocations for fiscal year 2006. (70 FR 65825, 11/1/05)
USCIS Memorandum on Section 209(c) Waivers for Refugees and Asylees
A 10/31/05 memo from Michael Aytes, USCIS Acting Associate Director of Domestic Operations, regarding procedures for processing waivers of excludability for refugees and asylees under Section 209(c) of the Act.
CA1 Finds Changed Country Conditions in Guatemala
The court found no error in the IJ’s heavy reliance on a DOS country report to support his finding that conditions had changed in Guatemala, making the applicant ineligble for asylum. (Palma-Mazariegos v. Gonzales, 10/28/05)
CA1 Upholds Adverse Credibility in Indonesian Asylum Claim
In an Indonesian Christian asylum case, the court upheld the IJ’s adverse credibility finding and found that due to changed conditions and the fact his family remained unharmed, Petitioner did not have a well-founded fear. (Nikijuluw v. Gonzales, 10/26/05)
DOS Answers to AILA Questions (10/20/05)
Q&As from AILA's semi-annual liaison meeting with the DOS Visa Office. Topics covered include: security checks, NIV issuance statistics, blanket Ls, E-3, J waivers, V visas, retrogression, and business facilitation initiatives.
EOIR Responses to AILA's Liaison Questions (10/17/05)
Liaison issues addressed with EOIR included such topics as asylum clock issues, the new biometrics and security check process, Succar adjustments, discovery, bond appeals, video conferencing, REAL ID, selection of IJs, clerical errors, and issues relating to children.
CA2 Says Airport Interviews Must Be Viewed with Caution
In rejecting the IJ’s adverse credibility finding, the court found that airport interviews may be perceived by asylum-seekers as coercive or threatening and that the BIA must recognize that applicants may not be entirely forthcoming. (Latifi v. Gonzales, 10/17/05)
CA10 Finds No Past Persecution and Says Internal Relocation within Indonesia is Reasonable
The Court found that two minor incidents eight years apart did not amount to past persecution. The Court also upheld the IJ’s finding that internal relocation to Christian cities or districts was possible within Indonesia. (Tulengkey v. Gonzales, 10/13/05)