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
CA9 Remands BIA’s Motion to Reopen Due to Lack of Explanation for its Basis
The court held that the BIA abused its discretion when it denied petitioner’s motion to reopen without explanation. The court affirmed case law requiring the BIA to provide specific and cogent reasons for its decisions. (Movsisian v. Ashcroft, 1/20/05)
Attorney General Remands Matter of R-A-
The Attorney General remanded Matter of R-A- to the BIA "for reconsideration following publication of the proposed rule" on gender-based asylum. (Matter of R-A-, 1/19/05)
CA1 Declines to Address Whether “Whistleblowers” Are a Social Group
The court avoided the issue of whether “whistleblowers” constitutes a particular social group because it found that Petitioner failed to show that he suffered persecution on account of his membership in such a group. (Da Silva v. Ashcroft, 1/5/05)
CA3 Finds IJ’s Conclusions on Asylum Inconsistent with Record
The court found that the IJ’s ruling against Petitioner on whether she was subjected to “state-sponsored” religious persecution in China was inconsistent with record and not supported by substantial evidence. (Wu v. Ashcroft, 1/4/05)
CA3 Finds Lack of Authenticated Corroborating Documentation Is Not a Basis for Adverse Credibility
The court found that the BIA improperly sustained the IJ’s adverse credibility finding which was based primarily on Petitioner’s failure to provide authenticated documents in corroboration of his claim. (Leia v. Ashcroft, 1/4/05)
CA5 Denies Chinese National's Claims to Asylum, Withholding & CAT Based on Partner's Forced Abortion
CA5 held that Petitioner was not entitled to asylum, withholding or protection under CAT based on the fact that his “live-in” girlfriend was fined and forced to undergo an abortion pursuant to the Chinese government’s coercive population control policies. (Zhang v. Ashcroft, 12/29/04)
NSC Advises on No Age-Out Protection for HRIFA Dependents
The NSC reminds the public that the Child Status Protection Act does not apply to HRIFA cases and there is no age-out protection for HRIFA dependents who reach age 21. The notice also instructs on requesting expedites of aging out HRIFA cases and updating USCIS with changes in address.
EOIR Memorandum on Safe Third Country Implementation
The 12/29/04 memo provides guidance to Immigration Judges on their role in the implementation of the U.S. and Canada Safe Third Country agreement in the immigration courts.
CBP Instructs Field on Safe Third Country Agreeement
A 12/22/04 memo from Jayson Ahern, CBP Assistant Commissioner, regarding implementation of the Safe Third Country Agreement.
CA9 Says INA Does Not Bar Judicial Review of Denial of Withholding of Removal By One With Aggravated Felony Conviction
CA9 found jurisdiction to review BIA’s denial of withholding of removal, notwithstanding INA § 242(a)(2)(C), because denial of relief was not predicated on Petitioner’s having suffered a conviction for aggravated felony, but rather on merits of the claim. (Unuakhaulu v. Ashcroft, 12/20/04)
CA8 Finds No Right To Effective Assistance of Counsel With Respect to Asylum Claims
The Court held that since asylum is a discretionary form of relief, there is no protected “liberty or property interest” at stake that triggers 5th Amendment due process concerns with respect to effective representation. (Obleshchenko v. Ashcroft, 12/20/04)
EOIR Notice to Conditional Asylees Granted Full Benefits for FY2004 (Updated 12/27/04)
EOIR announced that notices have been sent to individuals granted conditional asylum, based on resistance to coercive population control, who now are eligible for full asylum benefits.
Minutes of the 4/20/04 Asylum Office Meeting
Minutes of the 4/20/04 Headquarters Asylum Office meeting with NGOs, discussing such topics as cases pending at the USCIS headquarters office, resetting the clock, coercive family planning cases, and the Safe Third Country Agreement.
CA9 Says CAT Claimants Must Exhaust Administrative Remedies Before Filing Habeas Petitions
The Court found that Petitioner was barred from pursuing habeas corpus to raise a claim for relief in the form of “deferral of removal” under CAT because MTR was not previously filed. (Huang v. Ashcroft, 12/7/04)
AILA Issue Paper on Eliminating Asylee Adjustment Cap
AILA Issue Paper calling for the elimination of the annual cap on the number of asylees who may become lawful permanent residents.
CA8 Upholds BIA Decision Denying Sexual Orientation-Based Asylum and Withholding Claims
The Court upheld the denial withholding of removal because, based on the evidence in the record, it was not “more likely than not” that Petitioner would suffer persecution on account of his sexual orientation if returned to Botswana. (Molathwa v. Ashcroft, 12/2/04)
CA1 Vacates Denial of Asylum for Dual Ugandan/Rwandan Citizen
The court held that the BIA’s denial was not supported by substantial evidence where Petitioner presented an adequate account of events, supplied sufficient corroborating evidence, and had a genuine, subjective fear of persecution. (Mukamusoni v. Ashcroft, 12/1/04)
AG Denies Request for Review of Matter of C-Y-Z-
The Attorney General denied the INS Commissioner’s request for review of Matter of C-Y-Z- which held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution. (Matter of C-Y-Z-, 12/1/04)
DOJ Final Rule on US-Canada Agreement on Asylum Claims Made in Transit and at Land POEs
EOIR final rule adopting proposed rule on the 12/5/02 US-Canada agreement, barring certain aliens arriving from Canada at ports of entry (POEs) or in transit during removal from Canada, from applying for asylum and related protections in the U.S. Rule effective 12/29/04. (69 FR 69490, 11/29/04)
United States and Canada to Implement Safe Third Country Agreement on Asylum
USCIS press release announcing the implementation of a bilateral agreement between the United States and Canada affecting asylum seekers at U.S.-Canada land border ports-of-entry, and transiting through the United States or Canada during removal by the other country.
DHS Final Rule on US-Canada Agreement on Asylum Claims
DHS rule codifies the US-Canada agreement on which government decides certain asylum requests, sets USCIS asylum officers' authority in expedited removal, and codifies the definitions of "credible fear of persecution" and "credible fear of torture." (69 FR 69479, 11/29/04)
NSC Refugee-Asylee Teleconference Q & A's (11/23/04)
NSC Refugee-Asylee Teleconference Q&As (11-23-04) include topics such as I-730's; getting case updates without LIN #s; international organization adjustments of status; HRIFA/485 backlogs; EAD photos; EAD/re-entry permit validity dates; mailings of approved EAD/parole/reentry permits; and AR-11s.
Finding Past Persecution, CA9 Reverses IJ Determination
In finding that petitioner suffered past persecution, the court affirmed that a showing of serious bodily injury or medical attention is not required to establish persecution. (Mihalev v. Ashcroft, 11/9/04)
CA3 on OIL Procedures Permitting Remand in Persecution Cases
Under the new procedures, OIL, in consultation with EOIR and DHS, may remand cases involving persecution claims where the administrative record is out of date and not appropriate for judicial review. (Ambartsoumian v. Ashcroft, 11/1/04)
Minutes of 10/28/04 USCIS Liaison Meeting
The 10/28/04 meeting with USCIS' Operations and Legal offices included discussions on numerous issues, including 245(i) and (k), AC21, the RFE memo, the 800 number, expedites for persons in proceedings, security checks, Infopass, and ASC scheduling.