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
EOIR Final Rule Extending Bar for Asylum in the Commonwealth of the Northern Mariana Islands
EOIR final rule amending the regulations to conform to changes made by Public Law 115-218, which extended the bar for asylum in the CNMI by 15 years, providing that the current bar will continue to apply for asylum applications submitted prior to 1/1/30. (85 FR 23902, 4/30/20)
EOIR Issues Memo on Adjudicating Applications for CNMI Resident Status and Extending the Asylum Application Bar for Certain Persons in the CNMI
EOIR memo provides guidance on the adjudication of CNMI Resident Status applications in removal proceedings and the extended asylum application bar for persons present or arriving in the CNMI. The guidance may affect individuals in the CNMI and cases in the Saipan and Honolulu immigration courts.
DHS Responds to Human Rights First’s Concerns About COVID-19 and MPP Hearings
In response to a letter from Human Rights First, DHS clarified what individuals in MPP with hearing dates before June 22 should do in order to receive new hearing dates and tear sheets at the southern border.
CA2 Remands Former Jamaican Police Officer’s Withholding and CAT Claims Based on Feared Gang Violence
The court held that it could not conclude on the existing record whether the BIA had considered all relevant evidence and had applied the correct legal standard in rejecting the withholding of removal and Convention Against Torture (CAT) claims of the petitioner. (Scarlett v. Barr, 4/28/20)
Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE
The decision denying the emergency TRO in NIPNLG, et al., v. EOIR, et al., is deeply disappointing; the lawsuit against EOIR and ICE was brought to protect the health of attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies.
Timeline of Case Challenging Immigration Court and Detention Policies in Response to COVID-19
The district judge denied the motion for a temporary restraining order (TRO). AILA, the Immigration Justice Campaign, the NIPNLG, and several detained individuals filed a TRO challenging immigration court and detention policies during COVID-19. (NIPNLG et al., v. EOIR et al., 4/28/20)
Latest AILA Law Journal is Live – Take a Look!
In this blog post, Danielle Polen, AILA's Director of Publications & Online Resources shares some highlights from the latest edition of the AILA Law Journal, hot off the presses this week with articles by leading experts on a wide array of issues affecting immigration law.
CA1 Remands Asylum Claim of Dominican Woman Who Asserted She Was “Unable to Leave” Domestic Relationship
The court held that there is no categorical rule precluding asylum or withholding of removal applicants from establishing membership in a particular social group defined in material part as women “unable to leave” a domestic relationship. (De Pena-Paniagua v. Barr, 4/24/20)
CA8 Upholds Denial of Asylum to Mexican Mother Whose Son Was Kidnapped and Killed by Drug Cartels
The court held that substantial evidence supported BIA’s determination that petitioner did not suffer past persecution or have a well-founded fear of future persecution on account of membership in a social group consisting of immediate family members of her son. (Meza Cano v. Barr, 4/23/20)
Practice Alert: Southern Border Processing Following Border Closure Announcement
An HHS interim final rule and a CDC concurrent order closed the northern and southern borders to non-essential travel. On 4/20/20, CDC extended the order. This practice alert explains the effect of the IFR and the CDC orders, and how DHS is implementing the new policies at the southern border.
CA3 Says Persons Who Publicly Provide Assistance Against Major Salvadoran Gangs Are a Particular Social Group
The court held that people who publicly provide assistance against major Salvadoran gangs constitute a particular social group, and that the BIA erred in applying Myrie v. Attorney General when it denied CAT relief. (Guzman Orellana v. Att’y Gen., 4/17/20)
CA3 Finds Homosexual Petitioner from Ghana Qualifies as a Refugee Under the INA
The court held that the Ghanaian petitioner had suffered past persecution and had a well-founded fear of future persecution on account of his sexual orientation and identity as a gay man, and thus that he qualified as a refugee under the INA. (Doe v. Att’y Gen., 4/16/20)
CA4 Finds BIA Erred in Denying Asylum to Guatemalan Military Member Who Threatened to Report Human Rights Abuses
The court concluded that the petitioner—who had been ordered, and repeatedly refused, to torture and kill people—had established that the past persecution he suffered at the hands of the Guatemalan military was on account of his imputed political opinion. (Lopez Ordonez v. Barr, 4/16/20)
AILA and Partners Send Letter Urging Government Agencies to Address Access to Counsel Concerns in MPP Hearings
On April 15, 2020, AILA and partners sent a letter to CBP, DHS, EOIR, ICE, and USCIS urging the agencies to address access to counsel issues faced by asylum seekers subject to the Migrant Protection Protocols.
BIA Rules on Firm Resettlement Bar to Asylum
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance. Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)
DOJ’s Immigration Court Practice Manual (Updated on 4/10/20)
The OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. EOIR also released an appendix with a list of courts that have implemented standing orders pursuant to EOIR PM 20-09.
CA5 Reverses Denial of Motion to Reopen Based on Changed Country Conditions for Women in Honduras Following Coup
The court held that BIA’s failure to address petitioner’s evidence regarding changes in country conditions in Honduras—specifically, that there was a large increase in violence against women following a military coup—constituted an abuse of discretion. (Inestroza-Antonelli v. Barr, 4/9/20)
Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic
AILA and our partners moved for an emergency Temporary Restraining Order (TRO) against EOIR and ICE to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
CA5 Declines to Remand Based on Alleged Due Process Violation Where BIA Upheld IJ’s Denial of CAT Relief
The court held that even if a due process violation had occurred, petitioners failed to show that the outcome of the proceedings would have been different if the IJ had developed the record further as to their Convention Against Torture (CAT) claim. (Arteaga-Ramirez, et al. v. Barr, 4/8/20)
DOJ’s Immigration Court Practice Manual (Updated on 4/7/20)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts.
BIA Provides Guidelines on Filing by Email
The BIA released guidelines on filing by email for all BIA filers and the email addresses to submit the briefs. Through email, the BIA will only accept Briefs, Motions to Accept Late Filed Brief, Motions for Summary Affirmance, and, if new to the case, courtesy copies of the Form EOIR-27.
CA8 Upholds Denial of Asylum to Petitioner Who Alleged She Would Be Abused in Mexico
The court held that petitioner had failed to meet her burden of showing a well-founded fear of future persecution if returned to Mexico, because she did not establish that the Mexican government was or would be unable or unwilling to control her alleged persecutors. (Galloso v. Barr, 4/7/20)
CA5 Says IJs Not Required to Provide Automatic Continuance for Asylum Applicants to Obtain Specific Corroborating Evidence
The court upheld the adverse credibility determination, rejecting the claim that IJs must provide advance notice of specific corroborating evidence needed to meet an asylum applicant’s burden of proof and an automatic continuance for the applicant to obtain it. (Avelar-Oliva v. Barr, 4/3/20)
EOIR Updates Policies on Filings and Signatures
EOIR released a policy memo noting that as of 3/31/20, EOIR has begun accepting digital and electronic signatures on all documents filed with immigration courts and the BIA. EOIR will also accept electronically-reproduced copies of documents containing digital, electronic, or “wet” signatures.
CA8 Upholds Denial of Asylum to Salvadorian Woman Who Claimed She Was Unable to Leave Domestic Relationship
The court held that the BIA’s adverse credibility findings were supported by specific, cogent reasons for disbelieving the Salvadorian petitioner, where she had failed to explain inconsistent and contradictory facts in her testimony about her relationship. (Garcia v. Barr, 4/1/20)