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
CA4 Upholds BIA’s Asylum Denial to Former Member of MS-13 Gang in El Salvador
The court upheld the BIA’s denial of asylum to the Salvadoran petitioner, finding that his proposed particular social groups of “former members of MS-13” and “former members of MS-13 who leave for moral reasons” were overbroad and lacked social distinction. (Nolasco v. Garland, 8/2/21)
CA8 Finds BIA Did Not Err in Excluding Petitioner’s Mental Health Issues from PSC Analysis
The court found that because petitioner had failed to rebut the presumption set out in the Attorney General’s decision in In re Y-L-, the BIA did not err in not considering her mental health as a factor in the particularly serious crime (PSC) analysis. (Gilbertson v. Garland, 8/2/21)
DOS Announces Priority 2 Designation for Certain Afghan Nationals and Their Eligible Family Members
DOS announced that certain Afghan nationals and their eligible family members are now eligible for a Priority 2 designation, granting U.S. Refugee Admissions Program access. Notice outlines eligibility.
DHS Issues Statement on Expedited Removal Flights for Certain Families
DHS announced that it resumed expedited removal flights for certain families who recently arrived at the southern border, cannot be expelled under Title 42, and do not have a legal basis to stay in the United States. CBP returned individuals to Guatemala, El Salvador, and Honduras.
DHS Publishes Notification of Prior Ratification of Rule Removing 30-Day EAD Processing Requirement for Asylum Applicants
DHS published notification in the Federal Register of Secretary Mayorkas’s 5/4/21 ratification of the final rule entitled “Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications.” (86 FR 40918, 7/30/21)
USCIS Announces Opening of New Asylum Office in Tampa, Florida
USCIS announced the opening of a new asylum office in Tampa, Florida on August 2, 2021, in response to an increasing asylum workload in Florida. This is the 11th asylum office in the country and the second in Florida. The Tampa and Miami asylum offices will divide the state’s asylum workload.
Presidential Determination on Unexpected Urgent Refugee and Migration Needs
Presidential determination of 7/23/21 furnishing assistance of up to $100 million for the purpose of meeting unexpected urgent refugee and migration needs for persons at risk as a result of the situation in Afghanistan, including applicants for Special Immigrant Visas. (86 FR 40915, 7/29/21)
CA5 Says Petitioner Failed to Show Nexus Between Her Fear of Mexican Drug Cartel and Her Immediate Family
The court upheld the denial of asylum as to the petitioner, who feared she would be killed or tortured by the Zetas in Mexico, finding that the BIA and IJ correctly concluded that familial ties did not sufficiently motivate the Zetas to target petitioner. (Vazquez-Guerra v. Garland, 7/29/21)
CA7 Holds That Nigerian Petitioner Was Removable for Having Procured Her Entry Visa by Fraud and Was Not Entitled to Asylum
The court found that the adverse credibility findings of the IJs as to petitioner and her ex-husband were supported by substantial evidence, and upheld the IJs’ conclusions that petitioner was removable based on her sham marriage and was not entitled to asylum. (Omowole v. Garland, 7/29/21)
CA6 Upholds Asylum Denial Where Petitioner Failed to Show Guatemalan Government Was Unable or Unwilling to Control Her Abuser
The court held that its recent decision in Juan Antonio v. Barr did not undermine the BIA’s rejection of the petitioner’s claim that the Guatemalan government was unable or unwilling to control her ex-boyfriend’s abuse. (Gonzalez Ortiz v. Garland, 7/28/21)
CA2 Reverses Adverse Credibility Determination as to Petitioner Seeking Relief from Political Persecution in India
Where the petitioner sought relief from political persecution in India, the court found that the IJ’s adverse credibility finding was not supported by substantial evidence, concluding that a trivial inconsistency by itself did not reasonably justify the finding. (Singh v. Garland, 7/28/21)
Biden Administration’s Latest Move Does Real Harm to Asylum-Seeking Families
AILA denounced the Biden administration for plans announced to apply expedited removal to families apprehended in the southern border region; AILA is adamantly opposed and urges the administration to rethink this decision.
Attorney General Vacates Matter of A-C-A-A-
The attorney general vacated Matter of A-C-A-A- in its entirety and remanded this matter to the Board for further proceedings consistent with this opinion and with the opinions in A-B- III and L-E-A- III. Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021)
USCIS Provides RAIO Combined Training Course on Nexus - Particular Social Group
USCIS provided the RAIO Combined Training Course on nexus. This module discusses membership in a particular social group and examines its interpretation in administrative and judicial case law.
Biden Must Quickly Protect Those Who Risked Their Lives for Our Soldiers in Afghanistan
In this blog post, AILA Board of Governors member Ally Bolour highlights the urgent need for the Biden administration to recognize that those who helped our troops in Afghanistan need to be protected and evacuated to safety immediately.
Sample Habeas Brief on Unlawfulness of Detention without Review for Arriving Asylum Seekers
Sample habeas brief (amicus or section of main brief) applying international human rights law and refugee law to argue that the detention of arriving asylum seekers without sufficient individualized determination of the need for detention, with review, is unlawful. (Motion for Injunctive Relief)
Practice Alert: Eligibility for CAM Re-Parole
AILA provides a practice alert after DOS announced the reopening of the Central American Minors (CAM) program. Under CAM, individuals may be granted refugee status. While new applications for the CAM program cannot be filed at this time, re-parole applications are eligible for processing.
CA3 Reverses Denial of CAT Relief Where IJ’s Decision Did Not Refer to Record Evidence
Where the IJ had failed to provide a citation or reference to the record in denying the petitioner’s Convention Against Torture (CAT) claim, the court found that the IJ’s decision was not supported by substantial evidence. (Valarezo-Tirado v. Att’y Gen., 7/15/21)
CLINIC: FOIA Disclosures on USCIS Asylum Terminations
CLINIC provided key takeaways from a FOIA request to USCIS seeking information about the numbers of NOITs issued by each asylum office, how many asylum grants were terminated and how many left in place, and the grounds for the asylum offices issuing NOITs.
DHS OIG Issues Report on NTAs to MPP Enrollees
DHS OIG conducted an audit to determine the extent to which DHS provided accurate notices to appear (NTAs) to Migrant Protection Protocols enrollees, finding that out of 106 NTAs issued, 20 that did not meet legal sufficiency standards or contained inaccurate information.
USCIS Announces Update to M-274, Section 6.3 Refugees and Asylees
USCIS announced that it has updated Section 6.3 of the M-274 for refugees and asylees, adding several sentences reminding employers that asylees and refugees may present any acceptable documents in their possession.
Asylum/AILA South Florida Liaison Meeting Minutes (7/14/21)
Minutes from AILA’s Asylum Committee meeting with the Asylum Office. Minutes include various questions posed the Asylum Committee.
CA9 Finds Substantial Evidence Supported BIA’s Implausibility Findings with Respect to Petitioners’ Testimony
Upholding the denial of asylum to petitioners, an Armenian family, the court held that substantial evidence supported the adverse credibility determination as to the husband based on implausibilities in the record, and as to the wife based on evasive testimony. (Lalayan v. Garland, 7/13/21)
CA5 Grants Stay Pending Review of Petition to Political Dissident in India
The court found that the IJ’s incredibly high denial rate for asylum applications, along with her noncompliance with Matter of R-K-K-, presented a substantial likelihood that petitioner would be entitled to relief upon full consideration by a merits panel. (Singh v. Garland, 7/12/21)
CA7 Upholds Denial of Asylum Based on Political Opinion to Ukrainian Petitioner
The court held that substantial evidence supported the BIA’s conclusion that the petitioner’s experience in Ukraine did not rise to the level of persecution, and that she had failed to show that the new Ukrainian government would persecute her if she returned. (Chuchman v. Garland, 7/12/21)