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 Addresses 2001 Regulation Expanding Asylum Eligibility
CA9 held that, pursuant to 8 CFR §1208.13(b)(1)(iii)(B), asylum may be granted if an applicant establishes past persecution on account of a protected ground and a reasonable possibility of "other serious harm" which need not be on account of a protected ground. (Belishta v. Ashcroft, 8/9/04)
CA4 Vacates Asylum, Withholding & CAT Denials Based on IJ’s Failure to Consider Independent Evidence Establishing Past Persecution
Although the court affirmed the Immigration Judge’s adverse credibility determination, it found that the IJ erroneously ignored reliable, independent evidence demonstrating past persecution that supported petitioner’s relief applications. (Camara v. Ashcroft, 8/6/04)
CA3 Calls for Record Reform in Asylum Proceedings
The court commented at length on a “disturbing trend" in which courts are forced to rely on evidence of country conditions in administrative records that is “grossly out-of-date” and urged Congress, DHS, and the BIA to take action to remedy the problem. (Berishaj v. Ashcroft, 8/5/04)
CA9 Reverses Asylum Denial Where Claim Based on Mixed-Race, Mixed Religion Marriage in Fiji
A9 found that the cumulative effect of threats and attacks on petitioners by their family members was sufficient to establish past persecution and that the Fijian government was unable or unwilling to control petitioners’ persecutors. (Faruk v. Ashcroft, 8/4/04)
EOIR Fact Sheet of Forms of Relief in Proceedings
EOIR Fact Sheet addresses the most frequently requested forms of relief in removal proceedings, including voluntary departure, cancellation of removal, asylum, adjustment of status, motions to reopen/reconsider, stay of removal, and administrative and judicial appeals.
CA9 Finds Extreme Economic Discrimination Against Palestinians Supports Fear of Future Persecution
The court found that petitioners “would not be able to avoid the state-sponsored economic discrimination” against Palestinians in Kuwait and also held that they could not be removed to Jordan there was no evidence that Jordan was willing to accept them. (El Himri v. Ashcroft, 8/2/04)
CA9 Finds Persecution on Account of Political Opinion in Mixed Motive Case
Reversing the IJ’s conclusion that the persecutor’s sole motivation was a desire for revenge against petitioner’s father, CA9 held that persecution inflicted at the behest of an influential criminal figurehead was at least in part on account of political opinion. (Deloso v. Ashcroft, 8/2/04)
BCIS Interim Rule Lifting the One Year Limitation on EADs
BCIS interim rule and correction, effective 7/30/04, lifting the one year limitation and establish USCIS discretion to modify EAD validity periods, including for individuals granted asylum. (69 FR 47763, 8/6/04) (69 FR 45555, 7/30/04)
CA7 Holds It Lacks Jurisdiction to Review Whether Asylum Application Was Timely Filed
The court found that INA §208(a)(3) bars it from reviewing whether petitioner’s asylum application was filed within one year of arrival in the United States and, if not, whether he qualified for a changed or extraordinary circumstances exception to the deadline. (Zaidi v. Ashcroft, 7/26/04)
BIA Affirms Grant of Asylee Adjustment and Waiver of Inadmissibility
The BIA rejected DHS's appeal, finding that EOIR has original and exclusive jurisdiction over an asylee adjustment and accompanying §209(c) waiver and that termination of a grant of asylum is not mandatory where §§209(b) and 209(c) relief is available. (Matter of K-A-, 7/23/04)
CA5 Reverses Asylum Denial for Indonesian Couple and Remands for CAT Claim
The court found that the record clearly established a pattern of persecution of Christians in Indonesia and that the IJ erred by concluding that petitioners did not have a well-founded fear of persecution and by failing to address petitioners’ CAT claims. (Eduard v. Ashcroft, 7/21/04)
CA11 Allows District Habeas Review of CAT Claim
CA11 held that a petitioner can seek habeas review of the denial of a CAT claim, but deferred to the BIA’s decision in Matter of J-E-, in affirming the denial of habeas, finding that treatment in Haitian prisons does not rise to the level of torture. (Cadet v. Bulger, 7/20/04)
EOIR Responds to Letter Advocating Reforms for Children Seeking Asylum
Letter from Chief Immigration Judge Michael Creppy responding to letter from numerous organizations urging reforms for children seeking asylum.
DOS Meeting on 2005 Refugee Admissions Program on 7/28/04
DOS notice of open meeting on the 2005 Refugee Admissions Program which will be held on 7/28/04. Instructions on oral and written comments are also provided. (69 FR 42077, 7/13/04)
President Authorizes $34 Million for Refugee Assistance in West Bank and Gaza, Sudan, and Chad
Presidential determination authorizing up to $34 million, made available from the U.S. Emergency Refugee and Migration Assistance Fund to address unexpected, urgent refugee needs in the West Bank and Gaza, Sudan, and Chad. (69 FR 40305, 7/2/04)
CA7 Upholds Asylum Denial Based on Adverse Credibility Determination
In affirming the denials of asylum and withholding to a Nigerian woman who claimed she would be forced to undergo female genital mutilation if removed, the court found that the IJ’s adverse credibility determination was supported by the evidence. (Balogun v. Ashcroft, 7/1/04)
CA3 Finds IJ Erroneously Disregarded Unauthenticated Evidence
The court reversed the IJ’s adverse credibility determination which was based, in part, on the IJ’s failure to consider documentary evidence that did not meet the authentication requirements in 8 CFR §287.6. (Gui Cun Liu v. Ashcroft, 6/28/04)
CA9 Finds Harm to Relatives Abroad Supports Well-Founded Fear of Persecution
CA9 found that petitioner’s credibility, the lack of contradictory evidence, and the evidence of harm to relatives abroad compelled a conclusion that the denials of petitioner’s applications for asylum and withholding were not supported by substantial evidence. (Njuguna v. Ashcroft, 6/28/04)
ORR Issues Final Notice of Allocations to States of FY2004 Refugee Social Service Funds
ORR notice setting forth the final allocations to states of FY2004 funds for refugee social services under the Refugee Resettlement Program. The notice reflects amounts adjusted based upon final adjustments to FY2001-2003 data submitted by 22 states. (69 FR 35383, 6/24/04)
USCIS Provides Lesson Plan on Interviewing Survivors
USCIS provided part five of its Asylum Officer Basic Training on interviewing survivors. This lesson provides instruction to asylum officers on effective interviewing techniques and the effects of secondary trauma.
CA9 Holds that Circumstantial Evidence of Mixed Motive May Suffice for Asylum
The court reiterated that it has “consistently allowed circumstantial evidence to suffice” as evidence of motive and that "many persecutors have mixed motives." (Garcia-Martinez v. Ashcroft, 6/14/04)
CA6 Holds that Both Mother and Daughter Qualify for Asylum Based on Threat of Daughter's FGM
The Sixth Circuit held that both a mother and minor daughter could qualify for asylum based on the fear that the daughter would be subjected to female genital mutilation (FGM) if forced to return to Ethiopia. (Abay v. Ashcroft, 5/19/04)
CA11 Finds Peruvian Government Does Not Acquiesce to Torture, and Denies CAT Claim
The Eleventh Circuit Court affirmed the BIA's reversal of the IJ's decision granting CAT relief, finding that the petitioner had not proven that the Peruvian government acquiesces in the MRTA's activities. (Reyes-Sanchez v. Ashcroft, 5/12/04)
CA7 Upholds Denials of Asylum and Withholding in FGM Case
CA7 affirmed denials of asylum and withholding of removal, holding that petitioner's fear that her daughters would be subjected to FGM did not establish fear of persecution to herself, and that because the daughters are LPRs, they could remain in the U.S.(Olowo v. Ashcroft, 5/11/04)
CA7 Permits Adding of Spouse to Petition for Review in Asylum Claim
The Seventh Circuit granted the motion to add petitioner's spouse's name to the Petition for Review in the narrow circumstance in which the spouse seeking derivative status was named in the petitioner's asylum application. (Miljkovic v. Ashcroft, 5/3/04)