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
Follow Litigation over Asylum Processing Interim Final Rule
Follow developments in the two separate cases challenging the Biden Administration’s interim final rule (IFR) on asylum processing in federal court. The IFR went into effect on May 31, 2022.
CA9 Remands Asylum Claim of Armenian Petitioner Where IJ’s Findings of Inconsistencies Were Not Supported by Record
Granting the petition for review of the denial of the Armenian petitioner’s asylum application, the court held that three out of four inconsistencies the BIA relied upon in upholding the IJ’s adverse credibility determination were not supported by the record. (Barseghyan v. Garland, 7/8/22)
CA7 Upholds BIA’s Reversal of CAT Relief as to Mexican Petitioner Threatened by Familia Michoacan Cartel
Where the BIA had vacated the IJ’s grant of deferral of removal under the Convention Against Torture (CAT) and had ordered the petitioner removed to Mexico, the court held that the BIA had correctly stated and properly applied the clear error standard of review. (Brito v. Garland, 7/7/22)
Immigration and the Power of Storytelling
In this blog post, AILA member John Wheaton writes on the power of storytelling in bringing people together and creating community, encouraging his fellow attorneys to consider asking clients to share their stories and increase understanding of the immigrant experience.
SCOTUS Gets it Right: The Biden Administration Can End the Inhumane Remain in Mexico Program
AILA Policy and Practice Counsel Amy Grenier describes the recent Supreme Court decision, affirming the Biden administration can indeed end the inhumane Remain in Mexico/Migrant Protection Protocols implemented by the Trump administration, and previews what comes next.
USCIS Issues Memo on Language Access in Credible Fear Screenings
USCIS issued a memo with updated guidance on providing language access in credible fear interviews. These procedures are effective 7/8/22 and supersede the procedures outlined in a 3/26/20 memo.
CA9 Upholds Denial of Third Motion to Reopen Based on Allegedly New and Material Country Conditions Evidence in Bangladesh
The court denied the parties’ motion for judicial administrative closure, and denied the petition for review of the BIA’s denial of the petitioner’s third motion to reopen based on new evidence of the growing influence of Jihadist extremists in Bangladesh. (Sarkar, et al. v. Garland, 7/1/22)
U.S. Supreme Court Affirms the Biden Administration’s Authority to End MPP
AILA welcomed the U.S. Supreme Court’s 5-4 decision in Biden v. Texas, which affirmed the Biden Administration’s authority to end the ‘Remain in Mexico’ policy, officially known as the Migrant Protection Protocols (MPP).
BIA Finds an IJ May Rely on Impeachment Evidence
The BIA found that an IJ may rely on impeachment evidence as part of a credibility determination where the evidence is probative and its admission is not fundamentally unfair, and the witness is able to respond to that evidence. Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)
USCIS Will Conduct Selected Interviews for OAW Asylum Applicants at Local Field Offices
USCIS published a chart that lists locations where Operation Allies Welcome (OAW) asylum applicants who qualify for expeditious processing may have their asylum interviews as USCIS asylum officers will participate in periodic “circuit rides” to USCIS field offices.
CA5 Upholds Denial of Motion to Reopen to Chinese Christians in Indonesia Pursuant to INA §240(c)(7)(C)(ii)
Where the BIA had denied petitioners’ motion to reopen after finding they had not demonstrated changed country conditions in Indonesia, the court denied the petition for review, finding that petitioners’ claims were number-barred under INA §240(c)(7)(C)(ii). (Djie, et al. v. Garland, 6/29/22)
CA2 Says Dual National Need Only Show Persecution in Any Singular Country of Nationality to Be Considered a “Refugee”
The court granted the petition for review, holding that to qualify as a “refugee” under INA §101(a)(42)(A), a dual national asylum applicant need only show persecution in any singular country of nationality. (Zepeda-Lopez, et al. v. Garland, 6/28/22)
CA9 Grants Petition for Panel Rehearing and Withdraws Prior Opinion in Etemadi v. Garland
The court granted the petition for panel rehearing and withdrew its 9/9/21 opinion, which held that the law-of-the-case doctrine did not require it to accept a prior Ninth Circuit panel’s determination that the petitioner was not a Christian. (Etemadi v. Garland, 6/23/22)
DHS and DOS Notice of Exemption from Inadmissibility for Certain Individuals Who Assisted the U.S. in Afghanistan
DHS and DOS notice exempting certain individuals who assisted the United States in Afghanistan from inadmissibility under INA §212(a)(3)(B). (87 FR 37522, 6/23/22)
DHS and DOS Notice of Exemption from Inadmissibility for Certain Afghan Civil Servants
DHS and DOS notice exempting certain individuals employed as civil servants in Afghanistan between 9/27/96 and 12/22/01, or after 8/15/21, from inadmissibility under INA §212(a)(3)(B). (87 FR 37524, 6/23/22)
DHS and DOS Notice of Exemption from Inadmissibility Due to Insignificant or Limited Material Support
DHS and DOS notice exempting individuals who provided insignificant or certain limited material support to a designated terrorist organization from inadmissibility under INA §212(a)(3)(B). (87 FR 37523, 6/23/22)
CA9 Holds That BIA May Rely on Certain Previous Adverse Credibility Determinations to Deny Motion to Reopen
The court held that the BIA may rely on a previous adverse credibility determination to deny a motion to reopen if that earlier finding still factually undermines the petitioner’s new argument. (Greenwood v. Garland, 6/16/22)
DHS and DOS Announce Exemptions Allowing Eligible Afghans to Qualify for Immigration Benefits
DHS and DOS announced three new exemptions that can be applied on a case-by-case basis to allow eligible Afghans access certain immigration benefits and protections. Details are provided on who the exemptions apply to, potential benefits, and more.
CA1 Reverses Denial of CAT Claim as to Dominican Petitioner Who Claimed He Had Been Abused by Police Officers
Granting the petition for review, the court found that the BIA had erred in upholding the IJ’s adverse credibility determination as to the Dominican petitioner, because the petitioner’s testimony regarding his abuse was not inconsistent. (Reyes Pujols v. Garland, 6/14/22)
CA7 Upholds Deferral of Removal Denial to Petitioner Who Feared He Would Be Killed by a Cartel in Mexico
The court held that substantial evidence supported the BIA’s affirmance of the IJ’s adverse credibility determination as to the petitioner, a Mexican national who claimed he would be killed by a cartel in Mexico and that the police would not protect him. (Cabrera-Ruiz v. Garland, 6/14/22)
CA9 Finds BIA Erred in Determining That Petitioner Did Not Suffer Past Persecution in Nicaragua
Granting the petition for review, the court held that the BIA erred in concluding that the petitioner did not suffer past persecution in Nicaragua because the record compelled a finding that his past experiences rose to the level of persecution. (Flores Molina v. Garland, 6/13/22)
Practice Pointer: Impact of Matter of B-Z-R-
This practice pointer summarizes and addresses practical implications of the May 2022 Attorney General decision in Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022).
AILA and Partners Send Letter on Immediate Actions to Take on Title 42
AILA and partners sent a letter to the Administration urging immediate action to preserve asylum and refugee law at the U.S. borders to the fullest extent, consistent with current court decisions concerning the use of Title 42.
AILA Submits Comments on the Immigration Court Practice Manual and the BIA Practice Manual
AILA submitted feedback and comments in response to EOIR’s notice for feedback on the Immigration Court Practice Manual and the Board of Immigration Appeals (BIA) Practice Manual and requests more time to respond and consider asking for feedback by chapter or manual in the future.
AILA and Partners Send Letter to Share Expectations for the Summit of the Americas
AILA and partners sent a letter sharing expectations for the Summit of the Americas and urging the Biden administration to sustain consultation with a wide range of civil society organizations in the U.S., particularly those led by directly impacted refugees and migrants, and in the region.