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
CA6 Says BIA Credibility Determination Was Not Based on Substantial Evidence
The Court found that the inconsistencies cited by the Board either did not go to the heart of Petitioner’s claim, were corrected at the start of the hearing, or were non-existent. (Pergega v. Gonzales, 7/28/05)
CA2 Finds IJ/BIA Failed to Address Nationality in Tibetan Asylum Claim
The court held that both the IJ and BIA erred in failing to address the threshold question of Petitioner’s nationality, where Petitioner was born and raised in refugee camp in India to Tibetan parents. (Dhoumo v. BIA, 7/27/05)
CA1 Finds No Objectively Reasonable Fear for Eritrean from Ethiopia
The court held that substantial evidence supported the IJ’s finding that country conditions had changed such that the ethnic Eritrean petitioner would not be denied employment or deported to Eritrea if she returned to Ethiopia. (Negeya v. Gonzales, 7/27/05)
CA2 Says Parents and In-Laws Do Not Qualify for Family Planning-Based Asylum
The court denied asylum to Chinese nationals whose daughters-in-law were subjected to coercive population control methods, finding that an individual’s right to procreate does not extend to their parents and in-laws. (Feng Yuan v. Gonzales, 7/26/05)
CA7 Reproaches BIA for Failing to Define “Persecution” in Pakistani Asylum Case
The Court criticized the IJ and BIA for not stating the reasoning for ruling that an Ahmadi from Pakistan did not have a well-founded fear of persecution. It ordered the BIA to discharge its responsibility by defining “persecution.” (Sahi v. Gonzales, 7/25/05)
CA3 Holds BIA’s Findings Were Unsupported by the Record
The court found that the BIA’s basis for rejecting Petitioner’s claim was unsupported by the record and that the BIA impermissibly focused on general unrest in Colombia and the fact that Petitioner’s parents and brothers remained in Colombia unharmed. (Vente Vente v. Gonzales, 7/22/05)
CA1 Upholds IJ’s Adverse Credibility Determination in Albanian Claim
The court agreed with the IJ that the Albanian asylum applicant was not credible, failed to link the claimed attacks to his political beliefs, and presented corroborating evidence that undermined his claim. (Kasneci v. Gonzales, 7/21/05)
CA1 Remands Cambodian Withholding Claim for Past Persecution Determination
The court remanded the case for further consideration of Petitioner’s past persecution claim, noting that Petitioner received both explicit and implicit death threats, and that a threat to life could amount to persecution. (Un v. Gonzales, 7/21/05)
CA7 Rules IJ & BIA Ignored Evidence of Religious Persectution in Asylum Claim of Sri Lankan Muslim
The Court held that the evidence presented supported Petitioner’s claim that he was targeted for harassment and extortion, in part because he was Muslim. The Court remanded the case to the BIA because both the BIA and the IJ ignored the evidence. (Mohideen v. Gonzales, 7/21/05)
CA6 Questions IJ’s Objectivity in Adverse Credibility Ruling
Raising concerns about the IJ’s objectivity, the Court found that the alleged inconsistencies and deficiencies found by the IJ and BIA “come nowhere close” to supporting the conclusion that Petitioner’s persecution claim was false. (Mece v. Gonzales, 7/20/05)
CA7 Says IJ’s Asylum Denial “Completely Disregarded” Test For Lack of Corroborating Evidence
The Court found that IJ erred in denying the asylum claim for lack of corroboration and for not adequately considering Petitioner’s explanations for missing documents, including the outbreak of civil war in Cote d’Ivoire and a misdirected DHL package. (Soumahoro v. Gonzales, 7/19/05)
CA7 Overturns BIA’s Denial of Motion to Reopen Asylum Application Based on Conversion to Jehovah’s Witness Faith
CA7 held that the BIA erred in denying a motion to reopen and requiring more proof of religious conversion when she already had provided an affidavit and an explanation of why official confirmation of her conversion could not be submitted in time. (Fessehaye v. Gonzales, 7/8/05)
NSC Teleconference Q & A's (6/30/05)
NSC Teleconference Q&As (6-30-05) include: I-130s, RFEs, priority dates, preference cases, consular processing, I-824s, reinstatements, I-821, TPS, duplicate or corrected receipt notices, I-730s, I-765s, I-485s, consular notification, visa processing, I-140s, Los Angeles Lockbox filings, and I-90s.
CA11 Upholds IJ’s Findings on Fear for Albanian Asylum Seeker
CA11 found that a 2-3 hour detention, with no physical harmed, as well as the extortion attempts, did not rise to the level of persecution. It also found that Petitioner had not shown that he would be targeted on account of a protected ground. (Kroi v. Gonzales, 6/29/05)
CA9 Finds Regulation Barring BIA Review of Motions to Reopen After Departure Does Not Apply to Certain Individuals
Based on the plain language of 8 CFR 1003.2(d), the court concluded that it does not apply to an individual who first departs the U.S., then becomes the subject of removal proceedings, returns, and then files a motion to reopen. (Gulzar Singh v. Gonzales, 6/24/05)
CA6 Construes Motion for Stay of Removal as Motion to Stay Voluntary Departure Period
CA6 held that a motion for a stay of removal filed during the pendency of a petition for review will be construed to include a motion to stay voluntary departure provided the motion for a stay of removal is filed prior to the expiration of the VD period. (Macotaj v. Gonzales, 6/24/05)
CA2 Rejects Asylum Claim, Finds Improved Conditions in Kosovo
The court found that Petitioner’s fear of retribution for refusing to serve amounted to past persecution, but upheld the IJ’s finding that conditions had improved in Kosovo such that there was no reasonable fear of future persecution. (Islami v. Gonzales, 6/23/05)
CA8 Upholds BIA’s and IJ’s Findings that Cameroonian’s Asylum Claims Lack Credibility
The Court found that the IJ’s and BIA’s reluctance to accept questionable proof of SDF membership and explanations offered by Petitioner was supported by substantial evidence. (Eta-Ndu v. Gonzales, 6/23/05)
HHS FY2005 Formula Allocation for TAP Grants to States for Services to Refugees
HHS proposed notice announces funds availability and award procedures for FY2005 Targeted Assistance Program (TAP) grants to states for refugee services under the Refugee Resettlement Program (RRP). (70 FR 35265, 6/17/05)
EOIR Memo on Definitions and Use of Administrative Codes (Rescinded 10/5/17)
This memo was rescinded by OPPM 17-02 on 10/5/17. EOIR OPPM 05-07 updates the list of adjournment, call-up, and case identification codes. The list notes which codes exempt cases from case completion goals and aged case completion goals, and which codes stop the asylum clock.
CA7 Upholds IJ’s Finding that Submission of False Documents Central to Asylum Claim Is Proper Basis for Negative Credibility Determination
The Court found that the false documents were so central to Petitioner’s asylum claim that the IJ was entitled to discount Petitioner’s testimony.(Hysi v. Gonzales, 6/15/05)
DHS Issues Fact Sheet on Confidentiality Regulations in Asylum Cases
DHS Asylum Division Director Joseph Langlois issues a comprehensive fact sheet addressing confidentiality regulations as they pertain to disclosure of asylum-related information to third parties. Included are a synopsis of the regulations, the regulations in their entirety, and answers to FAQs.
USCIS Memo Summarizes REAL ID Provisions
Content of a memo circulated within USCIS summarizing the provisions of the REAL ID Act.
CA2 Finds Chinese Asylum Applicant’s Testimony “Replete with Inconsistencies”
The court found that the IJ’s negative credibility determination was supported by substantial evidence due to Petitioner's inconsistent statements and denied the asylum claim based on forced sterilization. (Lin v. Ashcroft, 6/14/05)
CA6 Rules IJ’s Off-Record Conversation with Her Albanian Clerk Is a Due Process Violation, but Finds No Prejudice to Albanian Asylum Applicant
The Court upheld IJ’s negative credibility determination in Albanian asylum case, but also found that IJ abandoned role as a neutral arbiter due to her off-record conversation with her Albanian clerk, amounting to a due process violation. (Vasha v. Gonzales, 6/14/05)