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
CA7 Awards EAJA Fees in Remand Case
The court found that petitioner had prevailed for purposes of the Equal Access to Justice Act where the court remanded for reconsideration of her asylum application. It also granted lead counsel an enhanced hourly rate.(Muhur v. Ashcroft, 8/24/04)
Amendment of Funding Opportunity Notice for Recently Arrived Refugees
The HHS’s Office of Refugee Resettlement clarifies its Standing Announcement for Services to Recently Arrived Refugees, for the Preferred Communities priority area. (69 FR 51693, 8/20/04)
CA10 Rejects IJ’s Adverse Firm Resettlement and Credibility Determinations
The court found that the right to apply for asylum in Canada did not constitute an offer of permanent resettlement. The court also held that the IJ failed to support his adverse credibility finding with specific, cogent reasons. (Elzour v. Ashcroft, 8/17/04)
NSC Addresses Asylee/Refugee Issues (8/17/04)
In written answers to questions submitted in connection with a teleconference with community-based organizations, the Nebraska Service Center addresses such topics asylee adjustments, refugee travel documents, and I-730s. It also discussed processing times for reentry permits.
USCIS Issues Additional Guidance on CSPA for Asylee and Refugee Children
A 8/17/04 memo from William Yates, USCIS Associate Director for Operations, providing guidance on the Child Status Protection Act (CSPA) as it relates to following to join or adjusting (under section 209) children of asylees and refugees.
CA9 Upholds Asylum Denial in FGM Case
CA9 affirmed the denials of asylum and withholding, reasoning that the fear was not well-founded because both petitioners testified that they would not allow their daughter to undergo FGM, even if they were ostracized by their families. (Abebe v. Ashcroft, 8/13/04)
CA7 Reverses CAT Denial Based on Illegal Emigration from China
The court discussed the merits of a Chinese petitioner’s claim that he would be detained and tortured for illegally emigrating from China without the permission of the government. The court remanded for consideration by a new IJ.(Yi-Tu Lian v. Ashcroft, 8/12/04)
CA8 Affirms Denial of Asylum and Withholding and Dismisses Claim to Exclusion Proceedings Pursuant to INA § 242(g)
The court affirmed the denial of petitioner’s applications based on China’s one-child policy and dismissed her procedural claim to entitlement to exclusion proceedings under INA § 242(g). (Jin Zhu S-Cheng v. Ashcroft, 8/12/04)
CA7 Reminds OIL that Courts Can Only Affirm on Grounds Actually Addressed By the BIA/IJ
Invoking the well-established administrative principal that reviewing courts may only review the reasons set forth by the agency below, the court rejected the government’s request to affirm petitioner’s CAT denial based on grounds not relied on by the IJ. (Comollari v. Ashcroft, 8/10/2004)
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)