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
Practice Alert: Automatic I-94 Issuance Following Defensive Asylum Grant
USCIS has started issuing asylum I-94s in the mail following a defensive asylum grant, but this roll-out varies by local office. Read this practice alert to learn more.
CA11 Upholds BIA’s Denial of Asylum to Bangladeshi Petitioner Based on IJ’s Adverse Credibility Determination
The court found that the IJ and the BIA had offered specific, cogent reasons for determining that the Bangladeshi petitioner’s testimony was not credible, and concluded that there was substantial evidence to support the IJ’s demeanor determination. (Hasan-Nayem v. Att’y Gen., 12/7/22)
We Must Protect Children in Immigration Proceedings
AILA Law Journal authors Lory D. Rosenberg, Susan G. Roy, Paul Schmidt, and Rekha Sharma-Crawford share some insights about their article, “Time for a Child Welfare Approach to Cancellation of Removal“ in which they focused on how the best interests of the child are routinely ignored.
Policy Brief: Timing Considerations for Effective Representation in Asylum Cases
AILA provides a policy brief on how mandating asylum processing times tread into territory that imperils our nation’s commitment to due process by creating inflexible timelines that on a practical level do not allow meaningful access to counsel for asylum seekers. s
Practice Pointer: File Affirmative Asylum Applications Online
You can now file an affirmative asylum application online. USCIS began receiving Form I-589, Application for Asylum and for Withholding of Removal, through its myUSCIS portal in late 2021 as a “soft launch,” but made it final in November 2022.
AILA Member Obtains Material on Matter of E-F-H-L- via FOIA
AILA member Matthew Hoppock filed a FOIA request regarding Matter of E-F-H-L-. EOIR’s response included a 2/26/18 memo from Gene Hamilton, Counselor to the Attorney General to obtain the Attorney General’s approval of the proposed Attorney General order.
CA2 Finds BIA Applied Incorrect Standards When Adjudicating Honduran Petitioner’s CAT Claim
The court vacated the denial of Convention Against Torture (CAT) relief, finding BIA failed to analyze whether it was likely that any member of the local police who was acting under color of law would participate in, or acquiesce in, petitioner’s torture. (Garcia-Aranda v. Garland, 11/21/22)
CA8 Upholds BIA’s Determination That Asylum Applicant Did Not Adequately Corroborate Her Claim with Reasonably Available Evidence
Applying a highly deferential standard of review, the found that the BIA did not err in determining that the petitioner’s credible but weak testimony supporting her asylum claim was not adequately corroborated, and thus denied the petition for review. (Adongafac v. Garland, 11/21/22)
AILA and Partners Responds to USCIS Collection on I-589 Form
AILA and partners submit comments in response to the collection activities on the extension without change of Form I-589, Application for Asylum and Withholding of Removal, and urge USCIS to make changes rather than renewing the form without any chances.
CA6 Upholds CAT Denial to Iraqi Petitioner Who Claimed He Would Be Tortured Because of His Status as a Chaldean Christian
The court upheld the BIA’s denial of petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that substantial evidence supported BIA’s conclusion that it was not likely that he would be tortured upon removal to Iraq. (Yousif v. Garland, 11/16/22)
AILA Welcomes Federal Court Decision to End Title 42; Implementation Will Begin in Five Weeks
AILA welcomes the decision from U.S. District Court Judge Emmet G. Sullivan striking down the public health law wielded by the Trump Administration as a weapon against asylum seekers as “arbitrary and capricious.” The decision has been stayed for five weeks.
The Clearly Uneven Vetting of U.S. Visa Applicants from Iran
AILA members Roujin Mozaffarimehr and Ally Bolour urge the Biden administration to address the clearly uneven vetting of Iranian nationals seeking to immigrate to the U.S. as worldwide attention focuses on the continued protests and upheaval in Iran.
Our “Candidate” is Immigration: 2022 Election Results Recap
In this blog post, AILA's Greg Chen and Sofia Rosales-Zeledon walk us through a recap of the 2022 midterm election results as they stand on November 9, 2022 with a focus on immigration as a campaign issue, and what opportunities there may be for immigration reform.
Practice Pointer: Illegal Imprisonment in Haiti of Deportees with Criminal Convictions
The Haitian government has renewed its practice of detaining deportees who have criminal convictions. This practice pointer provides a summary of this renewed practice and highlights key issues for attorneys to consider when representing clients likely to be impacted upon deportation to Haiti.
Best Practices for Checks Payable to USCIS
How to submit a check to USCIS and make sure it has been received.
Speaker: Sheela Murthy
CA2 Upholds BIA’s Denial of Asylum as to Ecuadorian Petitioner of Quechua Ethnicity
Denying the petition for review, the court held that the BIA did not err in denying petitioner’s withholding of removal claim when it required him to demonstrate that his Quechua ethnicity was at least one central reason motivating his claimed persecution. (Quituizaca v. Garland, 11/1/22)
CA8 Upholds BIA’s Denial of Motion to Reconsider After Finding Petitioners Waived Challenge to IJ’s Past Persecution Determination
Upholding BIA’s denial of the motion to reconsider, the court held that petitioners failed to challenge the determinative issue of whether the Salvadoran government had inflicted or acquiesced in their persecution, and thus their claims for relief failed. (Coreas-Chavez v. Garland, 11/1/22)
CA4 Says Death Threats Asylum Applicant Received Were Due to Her Perceived Ownership of Land and Not Familial Relationship
The court held that substantial evidence supported the BIA’s finding that Honduran drug traffickers targeted petitioner because of her perceived ownership claim to the land of her deceased husband, rather than because of her familial relationship to him. (Madrid-Montoya v. Garland, 10/31/22)
CA5 Holds That BIA Erred by Failing to Consider Petitioner’s Evidence of Changed Country Conditions in Cameroon
The court granted the petition for review and remanded for further consideration of the petitioner’s Convention Against Torture (CAT) claim, finding that the BIA had failed to consider the petitioner’s evidence of changed country conditions in Cameroon. (Ndifon v. Garland, 10/4/22)
CA5 Upholds Denial of Asylum to Petitioner Whose Proposed Social Group Consisted of Being a Family Member of Her Uncle
Where petitioner sought asylum based on membership in a proposed social group consisting of being a family member of her uncle, the court found there was no factual nexus between her proposed group and the alleged harm she had experienced in El Salvador. (Guevara-Fabian v. Garland, 10/25/22)
Your First Meeting with Your Asylum-Seeking Client
When meeting with your client for the first time, there is some important information that you need to get. Here are some tips and steps to use to start building that rapport and trust between you and your client.
Speaker: Lacy Panyard Holton
What Is Needed for a Motion to Substitute?
If an attorney is taking over representation of a client in removal proceedings from another attorney, a motion to substitute is needed. This tutorial will explain what is needed in a motion to substitute.
Speaker: Ben Crouse
What Is Needed for a Motion to Withdraw?
If an attorney cannot continue representation of a client in removal proceedings, a motion to withdraw is needed or else the attorney will be liable for not continuing with the representation. This tutorial will explain what is needed for a motion to withdraw.
Speaker: Ben Crouse
CA4 Upholds Denial of Asylum to Salvadoran Petitioner Who Witnessed Gang Activity and Filed Police Report
The court held that the petitioner’s proposed social group consisting of “Salvadoran women who are witnesses to gang criminal activity and targeted because they filed a police report” was not a cognizable particular social group (PSG) under the INA. (Morales v. Garland, 10/24/22)
CA1 Holds That BIA Applied Incorrect Standard in Upholding IJ’s Denial of CAT Relief to Honduran Petitioner
The court concluded that, by requiring a showing of willful acceptance rather than willful blindness, the BIA applied the incorrect standard of review in upholding the IJ’s denial of Convention Against Torture (CAT) relief to the Honduran petitioner. (H.H. v. Garland, 10/21/22)