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
White House Expresses Strong Support for Harsh Immigration and Asylum Provisions Contained in H.R. 1268
A letter to the Appropriations Committee Chairman Jerry Lewis (R-CA) from the White House supporting the immigration and asylum provisions in the REAL ID Act and urging speedy passage of the Emergency Supplemental Bill (H.R. 1268).
CA9 Holds Disabled Russian Child and His Parents Constitute a “Particular Social Group”
The Court held that a disabled child and his parents are eligible for asylum and entitled to withholding because the harm to the child amounts to persecution. The Court also found that the harm is persecution to the parents as well. (Tchoukhrova v. Gonzales, 4/21/05)
CA9 Finds Torture of Soldier by Eritrean Army Not Justified by State of War
The Court granted withholding of removal and CAT relief to an Eritrean soldier who was tortured for his opposition to the war with Sudan, finding that as a deserter he had a well-founded fear of future harm. (Nuru v.Gonzales, 4/21/05)
CA2 Says False Statement to Asylum Officer Is “False Testimony”
The court gave deference to Matter of R-S-J-, and found that false statements made under oath in an asylum interview is false testimony, thus precluding Petitioner from demonstrating good moral character. (Medina v. Gonzales, 4/14/05)
CA7 Overturns IJ’s Denial of Chinese Catholic Asylum Claim on Credibility Grounds
The Court found that the IJ’s negative credibility and lack of corroboration findings were not supported by substantial evidence. The Court criticized the IJ for repeatedly interrupting Petitioner’s testimony and not allowing her to explain her answers.(Huang v. Gonzales, 4/14/05)
CA9 Questions Reliability of Asylum Officer’s Assessment; Finds, Standing Alone, Insufficient Evidence to Support Adverse Credibility Finding
The Court determined that none of the four reasons cited by the IJ were valid grounds for making an adverse credibility determination and, in particular, pointed out the unreliability of the AO’s Assessment to Refer. (Singh v. Gonzales, 4/13/05)
CA7 Finds Airport Interview of 17 Year-Old Iraqi Reliable; Affirms IJ’s Negative Credibility Determination
CA7 upheld the negative credibility finding of an Assyrian Christian from Iraq finding that his airport interview, when he was 17, was reliable because there was a full transcript, a translator, and no objection to the use of the transcript at the hearing. (Jamal-Daoud v. Gonzales, 4/12/05).
CA8 Upholds IJ’s Negative Credibility Determination
The Court found that the IJ gave specific, cogent reasons for disbelieving Petitioner. The IJ found inconsistencies in testimony about her rape, and noted that she stated that her boss did not tell her why he was raping her. (Alemu v. Gonzales, 4/8/05)
DOS Fact Sheet on Refugee Admissions for East Asia
DOS's Bureau of Population, Refugees, and Migration's fact sheet on refugee admissions for East Asia. The ceiling in FY2005 for refugees from East Asia is 13,000 of which some 10,000 will be utilized by Lao-Hmong from Thailand. The remaining admissions will include primarily Burmese and Vietnamese.
DOS Fact Sheet on FY2005 Refugee Admissions Program for Near East and South Asia
The DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for the Near East and South Asia, which summarizes a brief history of refugee admissions from this region, and states that the FY2005 ceiling for this region is 2,500.
DOS Fact Sheet on FY2005 Refugee Admissions Program for East Asia
The DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for East Asia for FY2005, which has a ceiling for this region of 13,000. Approximately 10,000 of the admissions will be used by Lao-Hmong from Thailand.
DOS Fact Sheet on FY2005 Refugee Admissions Program for Europe and Central Asia
DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for Europe and Central Asia, which summarizes refugee admissions from the region and states that the FY 2005 ceiling for Europe and Central Asia is 9,500.
DOS Fact Sheet on FY2005 Refugee Admissions Program for Latin America and the Caribbean
DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for Latin America and the Caribbean. The FY2005 ceiling for this region is 5,000, with most of these admissions being Cubans processed through the in-country program.
DOS Fact Sheet on FY2005 Refugee Admissions Program for Africa
The DOS's Bureau of Population, Refugees, and Migration's fact sheet on Refugee Admissions Program for Africa summarizes a brief history of refugee admissions from this region, and states that the FY2005 ceiling for this region is 20,000.
DOS Fact Sheet on FY2005 Refugee Reception and Placement Program
DOS fact sheet provides a brief description of the refugee Reception & Placement program and lists the ten voluntary agencies participating in the DOS program during FY2005.
CA3 Says IJ’s Negative Credibility Finding Was Based on His “Unsupported Personal Opinion”
The court found that a Georgian asylum-seeker was entitled to have his asylum case remanded because the IJ’s negative credibility finding was not supported by substantial evidence. (Jishiashvili v. Atty. Gen. of U.S., 4/1/05)
NSC Refugee/Asylee Product Line Teleconference Q & A's (3/31/05)
NSC Refugee/Asylee Teleconference Q&As (3-31-05) include: NSC staffing, processing times, FBI name checks, RFEs, I-730s, I-485s, EAD production, OF-157s, DS-2053s, medical exams, G-325As, Indochinese I-485 processing, I-643s, overseas medical reports, and processing for separated family members.
Report from AILA Tour of National Visa Center
During the Fall 2004 tour by AILA members of the National Visa Center, such topics as case processing, document review, appointment scheduling, and inquiries were discussed.
CA9 Finds Chinese Christian Woman from Indonesia Established Well-Founded Fear of Future Persecution (Updated 5/21/07)
CA9 reversed the BIA’s determination that there was no evidence that the Indonesian government was unable or unwilling to control the perpetrators of religious and ethnic violence. It relied on the voluminous record, including DOS reports and expert testimony. (Lolong v. Gonzales, 3/18/05)
CA6 Holds IJ Erred in Denying Iraqi Family CAT Relief; Remands Claim to BIA After Finding Changed Country Conditions
CA6 found that the IJ ignored the arrest warrant issued for the principal Petitioner and the torture he suffered at the hands of the Iraqi government, but remanded due to changed country conditions. (Namo v. Gonzales, 3/17/05)
Minutes of 3/17/05 USCIS HQ Liaison Meeting
Discussions with USCIS included such issues as AC21, I-751 waivers, unlawful presence, naming conventions, non-precedent AAO decisions, Infopass, and issues related to dealing with PERM.
EOIR Responses to AILA's Liaison Questions (3/16/05)
Liaison issues addressed with EOIR included such topics as e-filing, asylum clock issues, application in Immigration Courts of recent circuit court and BIA decisions, FOIA, the new security clearance regulations, among other pressing issues.
CA5 Confirms Jurisdiction Over MTR Denials; Grants Asylum in Falun Gong Case
The court held that it can review denials of motions to reopen because the AG’s discretion over them is not “specified" in the INA. Court also said BIA erred by not reopening to consider recent country condition records. (Yu Zahao v. Gonzales, 3/15/05)
CA6 Rejects Inadequate Interpreter Argument by Asylum Seekers
The Court upheld the negative credibility determination based on numerous inconsistencies by the Petitioners. The Court found that isolated interpretation problems did not prejudice the Petitioners because they did not affect the outcome of their case. (Gishta v. Gonzales, 3/15/05)
CA9 Refuses to Review “Literally Incomprehensible” Asylum Opinion by IJ
The Court found the IJ’s decision, which the BIA affirmed without opinion, to be “literally incomprehensible,” notimg that the IJ made confusing statements in his opinion. (Recinos de Leon v. Gonzales, 3/11/05)