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: Sweeping Immigration Restrictions Announced in the Wake of the National Guard Shooting
AILA has put together a practice alert covering new immigration restrictions following the shooting of two National Guard members in Washington, DC. Among these new restrictions are the halt of all asylum decisions and specific restrictions and changes for Afghan and travel ban country nationals.
CA6 Upholds Asylum Denial as to Single Salvadoran Female Salon Owner
The court held that substantial evidence supported the denial of asylum and other relief, finding that petitioner’s proposed PSGs were not cognizable, that internal relocation was reasonable, and that she failed to show a likelihood of torture. (Cristales-de Linares, et al. v. Bondi, 12/1/25)
CA9 Upholds Denial of Asylum as to Sikh Mann Party Member from India
The court held that threats from masked men, two brief beatings, and a short detention of the Sikh Mann party member petitioner did not rise to the level of past persecution, and found that he could avoid future persecution by relocating within India. (Singh v. Bondi, 12/1/25)
Stories from the Field: The Devastating Impact of Recent Asylum Changes
Changes to asylum policy in the past year have created a narrow, nearly impossible path for people to access lifesaving protections. Read AILA members' stories of the devastating impact of those new policies and judges’ and asylum officers’ increasingly hostile attitudes towards asylum seekers.
CA1 Upholds BIA’s Finding That Colombian Government Was Able to Protect Bakery Owner from Gang Threats
The court held that substantial evidence supported the BIA’s finding that the Colombian government was able to protect petitioner and his family from gang threats, and thus found he failed to show the required nexus for his asylum or withholding claims. (Restrepo Castano v. Bondi, 11/26/25)
CA2 Finds Agency Failed to Address Whether Guatemalan Government Would Acquiesce to Petitioner’s Torture by a Private Actor
The court held that the BIA and IJ failed to properly assess whether the Guatemalan government would acquiesce to petitioner being tortured in prison by private parties who would target him if he returned to Guatemala, and thus remanded his claim for CAT relief. (B.G.S. v. Bondi, 11/24/25)
USCIS Notice of FY26 Adjustments for Inflation for Certain Fees Required by H.R. 1
USCIS announced FY26 inflationary adjustments to certain fees required by H.R. 1. The new fees must be included with benefit requests postmarked on or after the effective date of 1/1/26. (90 FR 52693, 11/21/25)
Asylum Cases on Political Opinion
This issue-specific page lists published asylum cases that relate to persecution on account of political opinion. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
USCIS Announces FY26 Inflation Increase for Certain Fees Required By H.R. 1
USCIS announced increases to certain immigration-related fees required by H.R. 1 for FY 2026. The new fees must be included with benefit requests postmarked on or after the effective date of 1/1/26.
DHS Ratification of Final Rule on Procedures for Asylum and Withholding of Removal
DHS notice that DHS Secretary ratified DHS and DOJ’s final rule and NPRM titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review”. The ratification was signed 10/29/25 and relates back to the original date of the action it ratifies. (90 FR 51989, 11/19/25)
TRAC Reports Immigration Court Asylum Grant Rates Cut in Half
A report from TRAC (Transactional Records Access Clearinghouse) shows that asylum grant rates declined from 38.2% in August 2024 to 19.2% in August 2025.
DHS Notice of U.S.-Ecuador Agreement on Transfer of Third-Country Nationals to Ecuador
DHS published the Agreement between the Government of the United States of America and the Government of the Republic of Ecuador relating to the transfer of third-country nationals to Ecuador, effected by exchange of diplomatic notes on 7/16/25 and 7/23/25. (90 FR 51376, 11/17/25)
BIA Holds That Isolated Police Refusal Does Not Establish Government Unwillingness to Protect
The BIA held that a single attempt to report harm by private actors to local police, without further police harm or evidence of widespread collusion with the alleged persecutors, does not show the government is unable or unwilling to protect. Matter of K-S-H-, 29 I&N Dec. 307 (BIA 2025)
CA9 Stays Panel Order Denying Stay of Removal for Peruvian Family in Asylum Case Pending En Banc Vote
The court stayed its 10/24/25 panel order denying a motion for a stay of removal for a Peruvian family, after a judge requested a vote on en banc rehearing. The panel vacated oral argument and allowed optional supplemental briefs on the en banc question. (Rojas-Espinoza v. Bondi, 11/10/25)
CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination
The court held that the record evidence, including head trauma, alcohol abuse, dementia, anxiety, depression, and memory disturbance, clearly contained indicia of incompetence warranting further inquiry by the IJ. (Lemus-Escobar v. Bondi, 6/16/25, amended 11/10/25)
Cheat Sheet: Categories Previously Eligible for Automatic Extensions
Following the publication of a new IFR (90 FR 48799, 10/30/25) removing 540-day automatic extensions for work authorization renewals, AILA has put together a chart showing the list of categories that are impacted by this change.
USCIS Announces Compliance with 10/30/25 Court Order Halting Annual Asylum Fee
USCIS announced that it is complying with the district court order in ASAP v. USCIS on 10/30/25 and has paused the issuance of Annual Asylum Fee (AAF) notices. Applicants may disregard previously issued AAF notices while the stay is in place. USCIS will not refund previously paid AAFs.
BIA Reverses IJ’s Determination That Respondent with Gang Affiliation Had Established Likelihood of Torture in Panama
The BIA held that IJ’s predictive factual findings based on a series of suppositions regarding the harm respondent would likely suffer in Panama were clearly erroneous and did not support a grant of Convention Against Torture (CAT) protection. Matter of L–A–G–B–, 29 I&N Dec. 343 (BIA 2025)
BIA Vacates IJ’s Grant of Asylum as to Political Activist from Moldova
The BIA held that the respondent did not establish a well-founded fear of persecution based on a pretextual summons for his political activity and country conditions evidence that political activists are detained and severely harmed in Moldova. Matter of N–P–A–, 29 I&N Dec. 347 (BIA 2025)
CA4 Finds BIA Failed to Meaningfully Consider Country-Conditions Evidence Regarding Violence Against Women in Honduras
The court held that the BIA abused its discretion by failing to fully consider the country-conditions evidence that the Honduran petitioner put forth to support her claims for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Alfaro-Zelaya v. Bondi, 10/31/25)
Staying Brave is Hard for Immigrants and Attorneys Alike
AILA Elected Director Heather Prendergast describes a recent consultation that deeply affected her as a young Venezuelan couple faces detention and removal after a routine traffic stop upended their lives.
BIA Holds That Asylum Seekers Must Prove “More Likely Than Not” Persecution in Third Country to Overcome ACA Bar
The BIA held that respondents subject to an asylum cooperative agreement (ACA) must prove by a preponderance of evidence they will more likely than not be persecuted or tortured in the third country to avoid the safe third country bar. Matter of C–I–G–M– & L–V–S–G–, 29 I&N Dec. 291 (BIA 2025)
Presidential Determination on Refugee Admissions for Fiscal Year 2026
Memorandum for DOS, DHS, and HHS secretaries with the presidential determination of the admission of up to 7,500 refugees in FY2026. Admissions will be primarily allocated to Afrikaners and “other victims of illegal or unjust discrimination in their respective homelands.” (90 FR 49005, 10/31/25)
Presidential Determination on Transferring the United States Program of Initial Refugee Resettlement
Memorandum for DOS and HHS secretaries transitioning the administration of initial resettlement grants and contracts from DOS to HHS’s Office of Refugee Resettlement.
Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1
The Asylum and Refugee Committee, in coordination with the EOIR Committee, are issuing this practice alert to clarify the H.R.1-imposed fees on new and pending asylum applications. This document will continue to be updated with any new or updated guidance.