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
AILA and Partners Release One-Pager on the Asylum Seeker Work Authorization Act
AILA and 26 partners released a one-pager on the bipartisan H.R. 1325, the Asylum Seeker Work Authorization Act.
USCIS 30-Day Notice and Request for Comment on Proposed Revisions to Form I-589
USCIS 30-day notice and request for comment on proposed revisions to Form I-589, Application for Asylum and for Withholding of Removal. Comments are due 10/5/23. (88 FR 60703, 9/5/23)
CA6 Remands for BIA to Reconsider Asylum Claim of Petitioner from China Who Practices Christianity
The court found that the BIA erred in determining that petitioner had failed to show a well-founded fear of future persecution for his practice of Christianity, and also erred in failing to conduct a complete analysis in determining whether relocation was reasonable. (Lin v. Garland, 9/1/23)
CA7 Upholds Asylum Denial to Petitioner Who Allegedly Faced Persecution in Kyrgystan for Protesting Government Mining Rights Deal
Although it shared some of petitioner’s concerns about the IJ’s review of corroborating evidence, the court held that petitioner’s account of events that led him to flee Kyrgyzstan contained too many inconsistencies to overturn the IJ’s adverse credibility finding. (Uulu v. Garland, 9/1/23)
USCIS Releases Affirmative Asylum Procedures Manual
USCIS released its Affirmative Asylum Procedures Manual, which provides information on how to process an affirmative asylum application within an asylum office.
CA2 Says IJs Must Consider Ramsameachire Factors in Assessing Credibility During Border Interviews
The court held that an IJ may not rely on a border interview to find an asylum applicant not credible without first considering the factors set forth in Ramsameachire v. Ashcroft, if the record indicates that those factors may be relevant. (Pomavilla-Zaruma v. Garland, 8/30/23)
Practice Alert: BIA Creates a Standard for When an Official’s Torturous Conduct Is Considered “Acting in an Official Capacity” for CAT Purposes
AILA’s Asylum Committee provides a practice alert for members regarding BIA’s Matter of J-G-R decision in which it articulated a standard for assessing asylum claims involving torture by a government official.
CA8 Upholds CAT Denial to Former Child Solider Who Claimed He Would Be Tortured in South Sudan Due to His Mental Illness
Upholding the denial of Convention Against Torture (CAT) relief, the court held that the BIA did not err in finding that petitioner, a former child solder, had not shown it was more likely than not that the South Sudanese government would torture him upon return. (Deng v. Garland, 8/25/23)
CA7 Upholds Denial of Asylum to Petitioner Who Alleged She Was a Victim of Domestic Abuse
The court found that substantial evidence supported the IJ’s and BIA’s denial of asylum as to the petitioner, who had fled with her daughters from Guatemala where they were allegedly victims of domestic abuse. (Munoz-Rivera, et al. v. Garland, 8/24/23)
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)
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)
Southern California Chapter: Los Angeles Asylum Office Contact List (8/7/23)
Los Angeles Asylum Office contact list as of 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.