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
CA1 Holds That BIA and IJ Applied Incorrect Legal Standard in Assessing Ecuadorian Petitioner’s CAT Claim
The court held that, in analyzing petitioner’s Convention Against Torture (CAT) claim, the BIA and the IJ applied the incorrect legal standard in assessing whether the Ecuadorian government would more likely than not consent or acquiesce in his torture. (Murillo Morocho v. Garland, 8/21/23)
CA1 Upholds Denial of Asylum to Petitioner Who Allegedly Fled Gangs and Extortion in El Salvador
The court held that substantial evidence supported the IJ’s and BIA’s findings that the petitioner’s experiences in El Salvador fell below the level of harm necessary to establish past persecution. (Montoya-Lopez v. Garland, 8/21/23)
Afghanistan – Two Years Later, an Immigration Attorney Reflects
AILA member Mariam Atash reflects on the two years since the Taliban takeover of Afghanistan and urges everyone to take action and advocate for passage of the Afghan Adjustment Act to protect the many still waiting for safety.
CA6 Upholds Denial of Withholding and CAT Claims Based on Bulgarian Petitioner’s Failure to Present Credible Claim for Relief
The court upheld the BIA’s and IJ’s denial of withholding of removal and Convention Against Torture (CAT) protection based on the finding that the petitioner’s omissions in his testimony were substantially related to his claims and rendered him not credible. (Kolov v. Garland, 8/18/23)
Featured Issue: Immigration Court Backlog and Reprioritization
The immigration courts require urgent attention to address the 1.3 million case backlog. AILA provides a featured issue page with resources explaining how DOJ and EOIR can reprioritize cases on the docket by removing nonpriority matters.
DHS Announces Reopening of USCIS Field Office in Havana, Cuba
DHS announced the reopening of an international field office in Havana, Cuba. The Havana office will assist with U.S. immigration benefits and services, including conducting interviews and processing cases for pending Cuban Family Reunification Parole cases and Form I-730.
BIA Rules on Determining If Official’s Tortuous Conduct Was Undertaken “In an Official Capacity” for Purposes of CAT Eligibility
The BIA held that, for purposes of Convention Against Torture (CAT) eligibility, an official’s torturous conduct was undertaken “in an official capacity” if they were able to engage in the conduct because of their government position. Matter of J-G-R-, 28 I&N Dec. 733 (BIA 2023)
Southern California Chapter: Q&A from Liaison Meeting with Los Angeles Asylum Office (8/9/23)
Notes from Southern California Chapter’s stakeholder meeting with Los Angeles asylum office on 8/9/23.
CA1 Upholds BIA’s Denial of Asylum to Peruvian Petitioners Who Feared Persecution on Account of Their Political Opinion
Where petitioners feared being seriously physically harmed or killed in Peru due to their involvement with the American Popular Revolutionary Alliance (APRA) party, the court held that the BIA did not err in denying their claims for asylum and related relief. (Vila-Castro v. Garland, 8/8/23)
CA5 Upholds Denial of Asylum to Honduran Petitioner Whose Proposed PSG Was Her Son’s Nuclear Family
The court held that there is no per se rule that every family-based particular social group (PSG) is cognizable, and found that the petitioner was required to offer some evidence of the social distinction in Honduran society of her son’s nuclear family. (Garcia-Gonzalez v. Garland, 8/7/23)
Southern California Chapter: Los Angeles Asylum Office Contact List (8/7/23)
Los Angeles Asylum Office contact list as of 8/7/23.
CA1 Finds Petitioner Was Ineligible for Equitable Tolling Because He Failed to Establish Prejudice
The court held that the BIA did not abuse its discretion in determining that the petitioner was ineligible for equitable tolling based on ineffective assistance of counsel, because he had failed to establish prejudice. (Yoc Esteban v. Garland, 8/7/23)
Resources for New Members
If you are new to immigration practice, AILA’s New Member Division has benefits and services to help you build a successful and rewarding practice.
DHS Announces CBP One Has Facilitated Over 170,000 Appointments in Six Months
DHS issued a fact sheet on its CBP One app, stating that since its launch on January 18, 2023, through the end of June 2023, more than 170,000 individuals have successfully scheduled an appointment. The top nationalities who have scheduled appointments are Haitian, Mexican, and Venezuelan.
Quick Member Survey Aims to Highlight Some Key Issues Hampering Immigration Courts
AILA Policy and Practice Counsel ManoLasya Perepa urges AILA members to fill out a quick survey to help us better understand EOIR's specialized dockets; the information will help determine whether policies are helping address the backlog while upholding due process.
AILA Joins Letter Urging President Biden Halt Use and Defense of Asylum Ban Policy
AILA joined a letter with 202 organizations in the wake of the U.S. district court decision in the East Bay Sanctuary Covenant case regarding the “Circumvention of Lawful Pathways” rule to urge the White House to withdraw its appeal and stay motion and accept the court’s decision as final.
Comment Deadline Approaching: USCIS Issues Guidance on Requests to Reschedule Biometric Services Appointments
USCIS issued policy guidance in the USCIS Policy Manual to address procedures relating to requests to reschedule biometric services appointments at an Application Support Center (ASC) for good cause. Policy is effective as of 7/6/23 and comments are due by 8/7/23.
CA10 Finds IJ Erred by Misapplying “Under-Color-of-Law” Element in CAT Claim Analysis
The court held that the IJ misapplied the “under-color-of-law” element in analyzing petitioner’s Convention Against Torture (CAT) claim when it found that the Costa Rican police officers who beat and raped the petitioner did not act under color of law. (Arostegui-Maldonado v. Garland, 8/1/23)
Congressional Leaders Urge Immediate Halt to Practice of Subjecting Individuals to Fear Screenings by CBP
Sixty-six members of Congress sent a letter to the Biden Administration urging an end to the harmful practice of conducting truncated expedited fear screenings while people are in Customs and Border Protection (CBP) custody.
Statement from National Security Advisor Jake Sullivan on Legal Pathways Initiative with Mexico
The White House announced support for an international multipurpose space in southern Mexico that will offer new refugee and labor options for migrants and its commitment to accepting refugee resettlement referrals from qualified Cubans, Haitians, Nicaraguans, and Venezuelans already in Mexico.
CA4 Holds That Prior Termination of Noncitizen’s Asylum Status Renders Them Ineligible for Adjustment to LPR status
Denying the petition for review, the court concluded that INA §209(b) unambiguously precludes a noncitizen whose asylum status has been terminated from adjusting to lawful permanent resident (LPR) status. (Cela v. Garland, 7/28/23)
CA7 Finds BIA’s Determinations That Petitioner Had Not Been Persecuted and Could Relocate Within Mexico Were Dispositive
The court denied the petition for review, finding that the petitioner had failed to meaningfully challenge the two dispositive issues in his case before the BIA or the court—namely, the findings of no past persecution and ability to relocate upon return to Mexico. (Mejia v. Garland, 7/27/23)
CA8 Finds Petitioners’ Motion for Reconsideration Automatically Terminated Voluntary Departure Granted in Previous Proceeding
The court held that BIA did not abuse its discretion in denying petitioners’ motion for reconsideration, because their filing of a motion to reconsider prior to the end of their voluntary departure period automatically terminated the grant of voluntary departure. (Bekhbat v. Garland, 7/27/23)
Advocacy Groups File Lawsuit Challenging Government’s Mandatory Use of CBP One for Asylum Seekers
Several advocacy groups filed a lawsuit in federal district court challenging the federal government’s policy and practice of turning back asylum seekers without a CBP One appointment at ports of entry (POEs) along the southern border. (Al Otro Lado, Inc., et al. v. Mayorkas, et al., 7/27/23)
USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-602
USCIS 60-day notice and request for comment on proposed revisions to Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. Comments are due 9/25/23. (88 FR 48487, 7/27/23)