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
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
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)
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)
CA1 Says BIA Erred in Holding That People Who Are Incorrectly Perceived to Be Gang Members Cannot Be a PSG
Granting the petition for review and remanding, the court found that the BIA erred in holding that a group of people who are incorrectly perceived to be members of gangs cannot, as a categorical matter, constitute a particular social group (PSG) under the INA. (Chavez v. Garland, 10/21/22)
CA9 Remands CAT Claim Where Record Showed That Petitioner’s Attackers Were Guatemalan Police Officers
Granting the petition for review, the court held that the record showed that two of the petitioner’s attackers were police officers, and that the police officers’ participation in his attack showed acquiescence on the part of the Guatemalan government. (De Leon Lopez v. Garland, 10/21/22)
Members Only Resources on Migrant Transport (“Busing”) and Erroneous Addresses
This page includes AILA member resources on the internal transportation of migrants, including “busing” and the flights to Martha’s Vineyard.
Asylum Lesson Plans
As part of asylum officers’ training, USCIS provides lesson plans containing guidance on matters of law and policy as well as on interviews and adjudications. Find links to many of these lesson plans on this page.
CA9 Upholds Denial of Asylum to Chinese Petitioner Who Claimed He Was Persecuted in China for His Christian Faith
The court found that the BIA’s affirmance of the IJ’s adverse credibility determination was supported by substantial evidence, considering the totality of the administrative record, particularly the IJ’s findings about the petitioner’s demeanor and lack of candor. (Dong v. Garland, 10/19/22)
AILA Sends Letter to DC Council Expressing Grave Concerns About Migrant Services and Supports Act of 2022
AILA sent a letter requesting the Council of the District of Columbia to shift course and not pass any bill that creates a separate residency requirement for migrants or excludes migrants residing in D.C. from accessing homeless services.
The Mosh Pit of Asylum Law, Explained
AILA Asylum Online Course leader Tammy Lin highlights the community of asylum practitioners and encourages those who might be hesitant to jump in to take a look at AILA's new online course and get familiar with asylum law, get in the mosh pit, and potentially save a life.
Tips to Prepare Your Client for an Asylum Interview at an Asylum Office
How to organize and prepare your client for the asylum interview.
Speaker: Sarah Pitney
Tips to Prepare Yourself for an Asylum Interview at an Asylum Office
How do you prepare your client for an asylum interview at the Asylum Office? This video will share tips on how to help your client be ready for the interview.
Speaker: Lacy Panyard Holton
Understanding the 5 Grounds of Asylum
A brief look at the five grounds of asylum: race, religion, nationality, political opinion, membership in a particular social group.
Speaker: Johanna Kelley
Six Tips to Prepare for Direct Examination in an Asylum Hearing
How to organize and prepare for direct examination in court.
Speaker: Johanna Kelley
Private Actors in Asylum Claims Post-Matter of A-B-
This video discusses particular social groups in asylum claims, with a specific focus on Matter of A-B- and private actors.
Speaker: Evangeline Abriel
The Serious Flaw in the Biden Administration’s New Border Asylum Adjudication System
In this blog post, three AILA law professor members dive into the impact of rushed timelines as the Biden administration attempts to streamline the asylum process at the border, but which may make it impossible for asylum seekers to provide corroborating evidence of persecution within the deadlines.
Practice Alert: Afghan Asylum Applicants Reporting Delayed Receipt of Interview Notices and Shortage of Qualified Interpreters
AILA's Afghan Task Force advises on recent delays in receiving asylum interview appointment notices and the growing need for Afghan asylum applicants to bring their own interpreter.
Featured Issue: Migrant Protection Protocols (MPP)
Follow this page for more updates on the Migrant Protection Protocols (MPP). AILA will update this page on the winddown as they become available.
Presidential Determination on Refugee Admissions for FY2023
President Biden issued a determination on 9/27/22, setting the refugee admissions ceiling for FY2023 at 125,000. The determination also provides regional ceilings. (87 FR 60547, 10/6/22)
Washington, D.C., Chapter: USCIS Asylum Division’s Quarterly Engagement and Listening Session (10/6/22)
Script and talking points from Washington, D.C., Chapter’s quarterly engagement and listening session with USCIS’s Asylum Division on 10/6/22.
Helping Afghan Evacuees Takes Persistence
AILA member Jennifer Atkinson describes the way people came together to help one family from Afghanistan after a six-year-old boy was shot and injured at the airport during the evacuations last year; his family recently safely arrived in the U.S. and his story shows how important passing the Afghan
CA5 Upholds Denial of Asylum Where IJ Found Salvadoran Petitioner Made Inconsistent Statements Regarding Her Abuse
The court upheld BIA’s affirmance of the IJ’s adverse credibility finding, which was based on the IJ’s finding that petitioner’s account of the severity and frequency of her abuse had changed between her credible fear interview and her hearing testimony. (Cordero-Chavez v. Garland, 10/4/22)
Members of Congress Send Letter to DHS Urging Quick Disenrollment of People from MPP
Members of Congress led by Representative Meeks sent a letter to DHS requesting it to quickly disenroll the remaining individuals from MPP and allow all eligible asylum seekers to return immediately to continue their court proceedings in the United States.
Practice Alert: Updates on Employment Authorization Documents (EADs) under Category (c)(8)
AILA provides a practice alert with updates on how to file an initial (c)(8) EAD application. Beginning on 11/7/22, only the 7/26/22 edition of Form I-765 will be accepted.