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
CA3 Defines “Last Habitually Resided” in Refugee Definition
The court found that the IJ’s interpretation of “last habitually resided” based on the INA’s definition of “residence,” was permissible and agreed with IJ’s reliance on the length of time Petitioner stayed in Serbia, saying “habitual” means “long use.” (Paripovic v. Gonzales, 8/12/05)
CA9 Finds that Mexican Homosexual with AIDS Is Eligible for Asylum
In finding eligibility for asylum, the Court held that Petitioner, a homosexual from Mexico who was forced by a police officer to perform sex acts, was subjected to past persecution. (Boer-Sedano v. Gonzales, 8/12/05)
CA9 Finds that IJ Must Not Ignore Inconsistencies Simply Because They Weaken an Asylum Claim
The Court found that its cases do not mandate that an IJ ignore repeated and blatant inconsistencies that weaken a claim for asylum. (Kaur v. Gonzales, 8/11/05)
Notes from NGO Meeting with CBP (8/11/05)
Discussions in a meeting between non-governmental organizations and officials from U.S. Customs and Border Protection included such topics as erroneous I-94s, CBP officer training, NSEERS, and expedited removal.
NSC Addresses RFEs for Medical Exams for Asylee Adjustments
The Nebraska Service Center responds to a concern raised by the AILA liaison committee with respect to RFEs that NSC has been sending with respect to medical examinations for asylee adjustment of status applications.
CA5 Finds Chinese Christian Failed to Show He Was Persecuted for His Religious Beliefs
The Court stated that it was unable to conclude that Petitioner was persecuted on account of his religion. The Court upheld BIA’s determination that Petitioner feared not persecution, but prosecution for failing to register his church as required by Chinese law . (Li v. Gonzales, 8/9/05)
CA7 Says No Jurisdiction to Review Discretionary Challenge to One Year Asylum Filing Deadline
The court found that qualifying for the changed or extraordinary circumstances exception to the one year asylum deadline is a discretionary determination, and thus not reviewable, because it must be demonstrated “to the satisfaction of the Attorney General.” (Vasile v. Gonzales, 8/9/05)
CA7 Finds No Pattern or Practice of Persecution Against Gypsies in Bulgaria
The Court upheld the BIA’s findings that Petitioner failed to show a nexus between her ethnicity and her treatment, despite her attackers’ use of ethnic slurs. The Court also found no pattern or practice of persecution of Roma in Bulgaria.(Mitreva v. Gonzales, 8/8/05)
DHS Announces Upcoming Closure of ABC Project Post Office Box
Effective 10/4/05, USCIS will no longer accept change of address forms sent to the ABC Project Post Office Box in Washington, D.C. by class members of American Baptist Churches v. Thornburgh (70 FR 45410, 8/5/05)
CA7 Defines Assistance in Persecution of Others in Denying Claim of Punjabi Constable
CA7 held that the record must reveal actual assistance or participation in the persecution of others, noting the distinction between genuine assistance and inconsequential association. It found that Petitioner’s conduct crossed the line into actual assistance.(Singh v. Gonzales, 8/5/05)
CA2 Rejects Asylum Claim Based Solely on Mother’s Forced Sterilization
The court stated that just as parents are not eligible for asylum based on coercive population control measures practiced on their children, the children of parents who are victims of this policy are also not per se eligible. (Chen v. Gonzales, 8/5/05)
CA7 Finds Two Verbal Threats by FARC Did Not Amount to Persecution
The Court found that verbal threats for refusal to sell military supplies to FARC were not sufficiently immediate or menacing to be persecution, nor were the threats held to be on account of a protected ground.(Hernandez-Baena v. Gonzales, 8/4/05)
CA9 Rules Against Family Firmly Resettled in Canada in Effort to Discourage Forum Shopping
The Court held that a family who abandoned its refugee application in Canada after residing there for 4 years, was presumed to be firmly resettled. The Court found that forum shopping undermined the integrity of the international asylum regime. (Maharaj v. Gonales, 8/4/05)
CA9 Finds Russian Jew’s Cumulative Harm Amounted to Persecution
The Court found that the sustained economic pressure faced by Petitioner, the nature and extent of the physical violence she experienced, and the restrictions on her ability to practice her religion cumulatively amounted to persecution. (Krovota v. Gonzales, 8/4/05)
CA1 Upholds Denial of Asylum for Chinese Catholic
The court found no evidence that Petitioner suffered mistreatment in China because of her Catholic faith and that the climate in China was generally not oppressive for Catholics. (Zheng v. Gonzales, 8/4/05)
CA9 Finds that Asylum Hearing of Russian Pentecostal Did Not Comport with Due Process
The Court found that the IJ’s conduct was prejudicial, having excluded the testimony of several key witnesses, including Petitioner’s grandmother and an expert who could have affected the outcome of the proceedings. (Zolotukhin v. Gonzales, 8/3/05)
CA1 Finds Short Detentions Do Not Amount to Persecution
In an Albanian asylum claim, the court held that because Petitioner’s detentions lasted only 24 hours and he never needed medical attention as a result of the beatings he received, the harm did not amount to persecution. (Topalli v. Gonzales, 8/2/05)
CA7 Addresses Scope of Review of CAT Claims By Criminal Aliens
The court held that review of CAT claims by persons subject to INA §242(a)(2)(C) is limited to legal and constitutional claims, and not factual conclusions. (Hamid v. Gonzales, 8/2/05)
CA2 Says BIA Erred in Failing to Consider China Country Report
The court found significant error in the BIA’s failure to consider the country report submitted by a Chinese asylum applicant where the report corroborated his fear of persecution based on his Christian religion. (Chen v. Gonzales, 8/2/05)
CA8 Upholds IJ’s Adverse Credibility Determination for Kenyan Asylum Applicant
CA8 found that the IJ gave specific, cogent reasons for disbelieving Petitioner, including the lack of detail in his story, his implausible explanations for his bigamy and lack of contact with his family, and the lack of corroborating evidence for his allegations.(Ombongi v. Gonzales, 8/1/05)
CA7 Finds that Cohabitation with Boyfriend Is Not an Expression of Political Opinion
The Court found that a Chinese asylum applicant’s alleged expression of political opinion via cohabitation with a man outside marriage did not constitute a political opinion. (Li v. Gonzales, 8/1/05)
CA8 Rejects Claim that Salvadoran Government Unable or Unwilling to Protect Against Gang Members
CA8 rejected claims of Salvadoran asylum applicant, holding that Petitioner failed to show that Salvadoran police were unable or unwilling to protect her from a gang member. The Court discounted news articles about gang activity in El Salvador as too general. (Menjivar v. Gonzales, 7/29/05)
CA11 Remands Case to Determine What Constitutes"Other Resistance" to China's One-Child Policy
The Court affirmed the BIA’s decision that Petitioner was not subjected to forced sterilization, but remanded her claim for a determination on whether her actions resisting other forms of birth control could be construed as “other resistance.” (Yang v. U.S. Atty. General, 7/29/05)
CA1 Upholds IJ’s Adverse Credibility Finding in Albanian Asylum Case
The court found that IJ correctly identified inconsistencies in Petitioner’s testimony and application, offered specific reasons for the adverse credibility finding, and properly relied on the 2001 DOS country report for Albania. (Dhima v. Gonzales, 7/28/05)
CA8 Says BIA Erred in Not Considering Significant Evidence Regarding Objective Fear of Persecution
The Court held that the BIA erred in rejecting testimony of asylum applicant’s sister in finding that the applicant lacked an objective fear of persecution based on China’s One-Child Policy. (Zheng v. Gonzales, 7/28/05)