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
CA1 Denies Asylum For Failure to Meet Nexus, “Particularity” Prong
The court upheld BIA denials that petitioner was targeted based on her family relationship, and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. (Aguilar-De Guillen v. Sessions, 8/27/18)
Oral Opinion Asylum Addendum Applies Matter of A-B-
An oral opinion asylum addendum associated with at least one immigration court applies Attorney General Jeff Sessions’ decision in Matter of A-B-.
Join the Fight to Restore USCIS’s Mission and Ensure Immigration Court Independence!
In this blog post, Media Advocacy Committee Member Katie Sarreshteh highlights AILA's August Campaign and urges members to help AILA's efforts “to realign USCIS with its congressional mandate and ensure judicial independence in our immigration courts.“
The Government’s Use of Coercion on Separated Parents
In this blog post, Immigration Justice Campaign National Advocacy Counsel Katie Shepherd describes the government's use of coercion on separated parents and the complaint AILA and the Council filed with DHS to draw attention to this illegal and unconstitutional practice.
Asylum/AILA South Florida Liaison Meeting Minutes (8/22/18)
Minutes from AILA’s Asylum Committee meeting with the Asylum Office. Minutes include various questions posed the Asylum Committee.
CA9 Upholds BIA Removal Findings, Confirming Aggravated Felony, Inapplicability of Expungement, Ineligibility for §212(c) Waiver, and CAT Denial
The court held conviction under CA statute for possession to sell cocaine salt was an aggravated felony under the modified categorical approach, and that the conviction withstood expungement for immigration purposes. (Robles Lopez v. Sessions, 8/22/18)
CA7 Remands, Cites Multiple IJ/BIA Errors Regarding Particular Social Group Determinations
The court overturned IJ/BIA, finding petitioner’s membership in cognizable social group, “members of his nuclear family”—referring to family of Mara 18 forced recruit who fled—was one central reason for harm; nexus requirement for asylum and withholding was met. (W.G.A v. Sessions, 8/21/18)
CA7 Remands, Finding BIA Erred in Disagreeing with Expert Opinion in CAT Removal Determination
The court found that the BIA did not offer any reasonable basis for disagreeing with expert opinion corroborating petitioner’s fear of torture from Los Zetas for losing hundreds of thousands of dollars of contraband, if removed to Mexico. (Rivas-Pena v. Sessions, 8/21/18)
Bivens Basics: An Introductory Guide for Immigration Attorneys
With constitutional violations by DHS officers on the rise, learn the basics of how to litigate a Bivens claim in federal court in the immigration context in this Practice Advisory from the American Immigration Council.
Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of L-A-B-R-
On August 17, 2018, retired immigration judges (IJs) and former members of the BIA issued a statement in response to the Attorney General’s decision in Matter of L-A-B-R-. The statement characterizes the decision as a “blow to judicial independence.”
Lawsuit Filed on Behalf of Parents Who Waived Right of Their Children to Pursue Asylum Claims
The court held plaintiffs likely to succeed on mandamus claim for independent right to seek asylum; that parents did not knowingly waive minor’s asylum rights; and plaintiffs met irreparable injury, balance of equities, and public interest requirements for TRO. (M.M.M. v. Sessions, 8/16/18)
CA1 Vacates BIA Denial of MTR for Failure to Consider Changed Country Conditions
The court held that the BIA abused its discretion by failing to consider petitioner’s new material evidence regarding treatment of evangelical Christians in Indonesia since 2008; it vacated the denial and remanded the case. (Sihotang v. Sessions, 8/15/18)
The Repercussions of How the Administration Has Handled Matter of Castro-Tum
AILA Member Matthew Archambeault who served as Friend of the Court in the Matter of Castro-Tum describes the case and its repercussions, and offers suggestions for how to advocate and urge Congress to act on the immense and obvious need for an independent immigration court.
CA1 Affirms BIA Denial of MTR, Dismisses Challenge to BIA’s Sua Sponte Denial
The court affirmed that potential LPR eligibility is not an exceptional circumstance that can overcome time/number bars on MTRs, and it denied jurisdiction to review the BIA’s sua sponte denial to reopen. (Lemus v. Sessions, 8/14/18)
CA8 Denies Jurisdiction to Review Changed Circumstances Based Claim for Late Asylum Filing
The court held that the IJ/BIA determination of lack of changed circumstances was a finding of fact, not a statutory interpretation; thus, there was no question of law to trigger its jurisdiction to review untimely asylum application. (Burka v. Sessions, 8/14/18)
U.S. Senators Demand DHS Reunify All Separated Families
On 8/14/18, seventeen democratic U.S. senators led by Senator Kamala Harris (D-CA) signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of all families separated at the southern border because of the administration’s “zero tolerance” policy.
CA8 Affirms Denial, Agrees No Changed Country Conditions Exist that Would Remedy Untimely Filing
The court denied jurisdiction to review asylum denial for untimeliness, agreeing that IJ did not err in determining no exceptional circumstance was met; it also held evidence of political violence submitted to BIA was properly deemed immaterial. (Degbe v. Sessions, 8/13/18)
Documents Related to Hawaii Travel Ban Case
The state of Hawaii, Ismail Elshikh, John Does 1 and 2, and the Muslim Association of Hawaii voluntarily dismissed their action as to all parties and claims. (Hawaii v. Trump, 8/13/18)
New Partners in the Fight for Due Process
Karen Lucas, Director of the Immigration Justice Campaign in which AILA and the Council are partnered, describes new ways the campaign is meeting the needs of detained immigrants, including a recent partnership with Save the Children.
CA8 Holds BIA Failed to Address Merits of MTR for Asylum, Remands for Determination in the First Instance
The court concluded the BIA abused its discretion by not considering the medical “exceptional circumstance” claim for missing asylum hearing; also, BIA did not explicitly rule on whether petitioner’s specific departure was abandonment of asylum application. (Payeras v. Sessions, 8/9/18)
CA9 Dismisses Review for Lack of Jurisdiction, Holds No Final Order of Removal Exists
The court held petitioner’s first departure executed removal order; upon expiration of subsequent parole, ICE wrongly put him into VWP asylum-only proceedings. CA9 held the resulting asylum denial was not a final finding of removability for jurisdiction. (Nicusor-Remus v. Sessions, 8/8/18)
CA8 Affirms Asylum Denial for Mother, Remands to Properly Consider Applications of Children
The court confirmed petitioner failed to prove membership in PSG, agreeing she was targeted because she refused to divulge whereabouts of her brother who fled recruitment; her children, however, raised additional PSG basis that was not adequately considered. (De Rivas v. Sessions, 8/8/18)
USCIS Provides Q&As from August Teleconference with Asylum Division
USCIS provided Q&As from the 8/7/18 quarterly engagement, including updated statistics, scheduling of asylum interviews/processing times, unaccompanied children, the EAD clock, asylum interviews, one-year filing deadlines, training, travel, adjustment of status, and more.
District Court Orders USCIS to Timely Adjudicate Initial EAD Asylum Applications
Following summary judgment briefing by both parties, the court ruled in Plaintiffs' favor on July 26, 2018. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. (Gonzalez Rosario v. USCIS, 7/26/18)
CA10 Confirms BIA Did Not Err in Dismissing Motion to Reconsider and Appeal of Adverse Withholding Decision Based on Particular Social Group Claims
In a non-precedent decision, the court affirmed petitioner was not a member of “Salvadoran women unable to leave domestic relationships,” and that petitioner failed to show that two other proposed particular social groups of Salvadoran women were socially distinct. (Lopez v. Sessions, 8/6/18)