Featured Issues

Featured Issue: Asylum Under Trump 2.0

11/21/25 AILA Doc. No. 25112100. Asylum & Refugees

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.

Defend Asylum: Share Your Stories for AILA Advocacy

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AILA Public Statements, Correspondence

AILA Joins Sign-On Letter Urging the Administration to End Title 42 Expulsions and MPP

After a federal district court held that the government likely does not have authority to implement the Title 42 policy and enjoined the use of the policy against families with young children, AILA urged the administration to stop blocking asylum seekers and restore access at our ports of entry.

9/17/21 AILA Doc. No. 21092206. Admissions & Border, Asylum & Refugees
Accessible to Public.
Federal Agencies, FR Regulations & Notices

Second Extension of Effective Date of USCIS Temporary Final Rule on Interpreters at Asylum Interviews

USCIS temporary final rule extending the expiration date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was set to expire on 9/20/21, through 3/16/22. (86 FR 51781, 9/17/21)

9/17/21 AILA Doc. No. 21091603. Asylum & Refugees
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Conviction Does Not Bar Respondent from Seeking a 212(h) Waiver

The BIA remanded record to IJ for further proceedings after finding that a person who enters as a refugee and later adjusts is not precluded from establishing eligibility for a 212(h) waiver. Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021)

Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Correspondence

AILA and Partners Send Letter Urging the Administration to Stop Blocking Asylum Seekers

AILA joined 71 organizations in sending a letter in response to the notice of appeal in the Huisha-Huisha litigation urging the administration to restore access to U.S. asylum at ports of entry and immediately stop blocking and expelling asylum seekers and migrants.

9/17/21 AILA Doc. No. 21101167. Admissions & Border, Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

District Court Orders Border Officials to Stop Expelling Certain Families under Title 42

The court granted motions for class certification and preliminary injunction (the PI was stayed for 14 days), to prevent U.S. border officials from using Title 42 to expelling families with young children seeking asylum. (Huisha-Huisha, et al. v. Mayorkas, 9/16/21)

9/16/21 AILA Doc. No. 21091611. Admissions & Border, Asylum & Refugees
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Press Releases

AILA President Allen Orr Responds to Today’s Court Decision on Title 42

AILA President Allen Orr responded to Judge Sullivan’s ruling that the use of Title 42 against families with young children seeking asylum is illegal, noting the U.S. “can and must protect public health while honoring our humanitarian values and policies that offer protection to asylum seekers.”

9/16/21 AILA Doc. No. 21091612. Admissions & Border, Asylum & Refugees
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

USCIS Updates Policy Guidance on Refugee and Asylee Adjustment of Status Interviews

USCIS released updated policy guidance, effective 9/16/21, revising the criteria that applies when determining whether to refer an asylee or refugee adjustment applicant for an interview. Policy also includes criteria relating to a principal applicant’s underlying asylum claim.

9/16/21 AILA Doc. No. 21091701. Adjustment of Status, Asylum & Refugees
Accessible to Public.
AILA Blog

We Know Litigation Works, But How Do You Get Started?

In this blog post, expert litigator and past AILA president Ron Klasko gives a few examples of cases that could benefit from litigation, and highlights the upcoming Federal Court Conference as a chance to learn skills to help your clients.

Accessible to Public.
Agency Memos & Announcements, Federal Agencies

DOS and DHS Release Statement on CAM Application Approval

DOS and DHS released a statement announcing that the Central American Minors (CAM) program will begin accepting new applications as of 9/14/21. Statement also included a reminder that eligibility for the program was also expanded.

9/13/21 AILA Doc. No. 21091406. Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA9 Says IJ Provided Sufficient Safeguards During Removal Proceedings to Accommodate Petitioner’s Mental Illness

The court held that petitioner, a lawful permanent resident who had been found mentally incompetent, had received adequate safeguards in his removal proceedings, and had failed to exhaust his claim regarding the IJ’s “particularly serious crime” determination. (Benedicto v. Garland, 9/9/21)

9/9/21 AILA Doc. No. 21092005. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Concludes IJ’s Finding That Petitioner Was Not a Christian Was Unsupported by Substantial Evidence (Withdrawn)

The court held that the law-of-the-case doctrine did not require it to accept a prior panel’s determination that the petitioner was not a Christian, and found he was not required to reattach his application for relief to his motion to reopen. (Etemadi v. Garland, 9/9/21, withdrawn 6/23/22)

9/9/21 AILA Doc. No. 21092007. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Holds That Single Factor Rule Conflicts with REAL ID Act of 2005

The en banc court overruled prior circuit precedents establishing and applying the single factor rule, which required the court to sustain an adverse credibility determination by the BIA if one of the agency’s identified grounds was supported by substantial evidence. (Alam v. Garland, 9/8/21)

9/8/21 AILA Doc. No. 21092008. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA11 Finds Petitioner Failed to Preserve Whether His Defective NTA Violated BIA’s Claim-Processing Rules

The court held that petitioner had failed to preserve whether his defective Notice to Appear (NTA) violated BIA’s claim-processing rules, and found he was removable for his controlled substance conviction, or alternatively, his second-degree assault conviction. (Farah v. Att’y Gen., 9/8/21)

9/8/21 AILA Doc. No. 21092002. Asylum & Refugees, Crimes, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Upholds BIA’s Refusal to Allow Petitioner to Seek Asylum in Light of Reinstatement of His Prior Removal Order

The court held that because the petitioner’s prior removal order was reinstated, he had no right under the INA to seek asylum and no constitutional right to have DHS consider whether, as a discretionary matter, to decline to reinstate that order. (Iraheta-Martinez v. Garland, 9/7/21)

9/7/21 AILA Doc. No. 21092015. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Correspondence

AILA and Partners Sent Letter to Biden Administration on Legal Limbo of Afghan Evacuees

AILA and partners sent a letter urging the Biden administration to ensure that U.S.-Afghan allies and other at-risk Afghans do not languish in legal limbo abroad. The letter includes several recommendations.

9/3/21 AILA Doc. No. 21090900. Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

District Court Holds Unlawful U.S. Government’s Practice of Turning Back Asylum Seekers at POEs Along Southern Border

U.S. District Judge Cynthia Bashant of the Southern District of California declared unlawful the government’s practice of systematically denying asylum seekers access to the asylum process at ports of entry (POEs) along the U.S.-Mexico border. (Al Otro Lado, Inc. v. Mayorkas, et al. (9/2/21)

9/2/21 AILA Doc. No. 21090702. Admissions & Border, Asylum & Refugees
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA3 Finds BIA Erred in Denying Motion to Reopen Where IJ Failed to Meaningfully Evaluate Whether Interpreter Was Needed

The court held that the petitioner, who spoke “Pidgin” English, was denied due process, because the IJ did not conduct an adequate initial evaluation of whether an interpreter was needed and took no action even after the language barrier became apparent. (B.C. v. Att’y Gen., 9/1/21)

9/1/21 AILA Doc. No. 21090804. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Finds Substantial Evidence Supported Adverse Credibility Determination as to Salvadoran Petitioner Threatened by Gang

The court held that, in making an adverse credibility determination as to petitioner, the IJ was allowed to afford substantial weight to discrepancies associated with a threat by gang members and a report the petitioner procured and submitted to the IJ. (Rodriguez-Ramirez v. Garland, 9/1/21)

9/1/21 AILA Doc. No. 21090805. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA5 Says Evidence Did Not Compel Conclusion That Honduran Government Officials Would Acquiesce in Petitioner’s Torture

The court upheld the denial of Convention Against Torture (CAT) relief to the petitioner, finding that the evidence did not compel the conclusion that any torture by the MS-13 gang would occur with the consent or acquiescence of Honduran officials. (Tabora Gutierrez v. Garland, 8/31/21)

8/31/21 AILA Doc. No. 21090806. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

DHS to Lead Federal Agency Coordinating Efforts to Resettle Vulnerable Afghans

President Biden directed DHS to lead coordinating efforts across the federal government to resettle vulnerable Afghans. Robert J. Fenton, Jr. will lead the interagency Unified Coordination Group, which will offer immigration processing and resettlement support.

8/29/21 AILA Doc. No. 21083101. Admissions & Border, Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA8 Rejects Petitioner’s Vagueness Challenge to INA §241(b)(3)(B)(ii)’s Non-Per-Se “Particularly Serious Crime” Term

Where the petitioner challenged as unconstitutionally vague INA §241(b)(3)(B)(ii)’s non-per-se “particularly serious crime” (PSC) term, the court found that the statute stands because its text imposes standards that must reference underlying facts. (Mumad v. Garland, 8/27/21)

8/27/21 AILA Doc. No. 21090708. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Holds That Noncitizens at Reasonable Fear Hearings Before an IJ Are Statutorily Entitled to Counsel

The court held that noncitizens whose removal orders have been reinstated are statutorily entitled to counsel at their reasonable fear hearings before an IJ, but this entitlement is cabined by 8 CFR §208.31(g)’s temporal limitations on IJ review hearings. (Orozco-Lopez v. Garland, 8/25/21)

8/25/21 AILA Doc. No. 21090204. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA2 Holds That BIA Did Not Err in Finding That Asylum Applicant Could Safely and Reasonably Relocate Within India

The court upheld the BIA’s denial of asylum to petitioner, concluding that the agency properly determined that he could safely relocate within India to avoid the possibility of future persecution or torture and that it would be reasonable to expect him to do so. (Singh v. Garland, 8/25/21)

8/25/21 AILA Doc. No. 21083103. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Press Releases

Supreme Court Fails to Act — Burden on Biden to Undo Inhumane Trump Policy Denying Protection to Asylum Seekers

AILA disagrees with the Supreme Court’s denial of DOJ’s emergency request to halt a lower court ruling requiring the government to restart the Migrant Protection Protocols (MPP), a Trump-era policy that forces asylum seekers to wait in Mexico while their cases are pending in the United States.

8/25/21 AILA Doc. No. 21082508. Admissions & Border, Asylum & Refugees
Accessible to Public.
Federal Agencies, Practice Resources

Practice Alert: Proposed Rule to Change Asylum Processing for Individuals in Expedited Removal

AILA’s Asylum & Refugee Committee provides a summary of what’s inside EOIR/DHS’s 8/20/21 NPRM and what changes may be coming to the credible fear interview process.

8/25/21 AILA Doc. No. 21082509. Asylum & Refugees, Expedited Removal, Removal & Relief
Accessible to: Member, Student, Paralegal.
Accessible to Public.