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
AILA Quicktake #238: Cogs in the Deportation Machine
AILA's Kate Voigt previews AILA's new report, Cogs in the Deportation Machine, which surveys policy changes to immigration enforcement made by the Trump administration.
The Deportation Machine Destroys Lives
Kate Voigt, chief editor of AILA's new report, Cogs in the Deportation Machine, highlights how “the administration has gone to great lengths to deport as many people as possible, as quickly as possible, with little regard for the financial cost or the impact upon American communities.“
Practice Pointer: Matter of W-Y-C & H-O-B and Articulating Particular Social Groups Before the IJ
AILA’s Asylum and Refugee Committee provides a practice pointer addressing the January 2018 BIA precedential decision in Matter of W-Y-C- & H-O-B and its potential effects on how practitioners should prepare particular social group-based asylum claims.
Law Student Perspective: The Somali 92
AILA Law Student members Mary Georgevich and Alexis Dutt share their experiences working with detained Somali refugees in Florida.
CA9 Finds Requirement to Accept Asylum Petitioner’s Testimony as True Where IJ and BIA Did Not Make Adverse Credibility Determination
The court granted the petition for review of the denial of asylum and withholding of removal, finding that because neither the IJ nor the BIA made an explicit adverse credibility determination, the court was required to accept the petitioner’s testimony as true. (Dai v. Sessions, 3/8/18)
District Court Bars Removal of Adjusting Asylee, for Reconsideration Under Matter of V-X-
Granting TRO, the district court looked favorably on asylee’s contention that upon his return to the U.S., he would have been deemed paroled rather than admitted, making him an “arriving alien” and thus giving USCIS jurisdiction to consider his adjustment application. (Singh v. USCIS, 3/8/18)
AG Refers Decision to Himself and Issues Amicus Invitation on “Particular Social Group” and Victims of Private Criminal Activity
The Attorney General referred Matter of A-B- to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes of an application for asylum and withholding of removal.
AG Refers and Vacates Decision on Entitlement to Full Asylum Hearing
Attorney General Jeff Sessions referred the BIA decision in Matter of E-F-H-L- to himself for review and vacated that decision, directing that the matter be recalendared and restored to the active docket. Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)
Halfway Around the World, An Immigration Lawyer On-the-Ground in a Refugee Crisis
AILA member Larry Sandigo shares his experience volunteering in Greece with Syrian refugees and some of the stories of the terror and violence that forced them to flee their homeland for the possibility of security in a new country.
CA1 Finds Evidence Did Not Compel Conclusion That Violence Against Petitioner’s Family Members Was Due to Family Membership
The court denied the petition for review of the denial of the petitioner’s asylum application, finding that the evidence did not compel the conclusion that a series of violent incidents against her family members was on account of their family membership. (Sosa-Perez v. Sessions, 2/28/18)
CA2 Finds There Is No Duress Exception to the “Material Support Bar”
The court joined several other circuits in holding that the “material support bar” in INA §212(a)(3)(B)(iv)(VI) does not except individuals who acted under duress. (Hernandez v. Sessions, 2/28/18)
Asylum/AILA South Florida Liaison Meeting Minutes (2/28/18)
Minutes from AILA’s Asylum Committee meeting with the Asylum Office. Minutes include various questions posed the Asylum Committee.
Working Together as Change Agents
AILA President Annaluisa Padilla shares how the Immigration Justice Campaign is marshalling new resources to increase the representation of detained immigrants, including the recently launched interactive website with information about successes, trainings, and pro bono opportunities.
IJ Finds Respondent Established Persecution on Perceived LGBTI Identity
In an unpublished decision, the IJ granted the respondent’s application for asylum, finding he established that he suffered persecution on account of his perceived LGBTI identity and the Guatemalan government is unable to control his persecutors. Courtesy of Brian Blackford.
CA2 Holds That BIA’s Interpretation of REAL ID Act Was Entitled to Chevron Deference
The court held that the BIA’s interpretation of the REAL ID Act as not requiring an IJ to give a petitioner an opportunity to submit additional evidence when the IJ concludes that corroborating evidence is required was entitled to Chevron deference. (Sun v. Sessions, 2/23/18)
BIA Finds IJ Properly Considered Applicant’s Border Interview in Making Credibility Determination
The BIA dismissed the appeal, stating that when considering a border or airport interview in making a credibility determination, an IJ should assess the accuracy and reliability of the interview based on the totality of the circumstances. Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)
BIA Rescinds In Absentia Order for Respondent Whose Car Broke Down En Route to Hearing
Unpublished BIA decision rescinds in absentia order under totality of the circumstances against respondent who had appeared at 15 prior hearings and whose car broke down en route to his final hearing. Special thanks to IRAC. (Matter of Gudiel, 2/16/18)
CA1 Finds BIA Did Not Abuse Its Discretion in “Particularly Serious Crime” Analysis
The court denied the petitions for review, finding that the BIA did not abuse its discretion in concluding that the petitioner’s aggravated identity theft conviction was a “particularly serious crime” rendering her ineligible for withholding. (Valerio-Ramirez v. Sessions, 2/15/18)
CA9 Refuses to Remand Case Where Petitioners Did Not Show Eligibility for Administrative Closure
The court found that the IJ and BIA erred by not reviewing the petitioners’ administrative closure request, but that remand was not required because the petitioners did not show eligibility for administrative closure under the Avetisyan factors. (Gonzalez-Caraveo v. Sessions, 2/14/18)
CA4 Holds BIA Erred in Finding Petitioner Did Not Meet Nexus Requirement for Asylum and Withholding Claims
The court found that the BIA erred in holding that the petitioner did not meet the “nexus” requirement for his asylum and withholding of removal claims, finding that at least one central reason for his persecution by MS-13 was his membership in his family. (Salgado-Sosa v. Sessions, 2/13/18)
Senators Call For End To Family Separation at Southern Border
On 2/12/18, 33 U.S. senators sent a letter to DHS Secretary Nielsen, calling for an end to family separation and the reversal of policies that obstruct the ability of those seeking humanitarian relief to pursue protection or result in the needless separation of parents and children.
BIA Equitably Tolls 30-Day Appeal Deadline
Unpublished BIA decision equitably tolls deadline to file appeal in light of ineffective assistance by prior counsel in failing to pursue asylum application. Special thanks to IRAC. (Matter of S-L-H-O-, 2/12/18)
District Court Orders IJs to Consider Asylum Seekers’ Financial Circumstances When Setting Bond
A district court ordered that once an IJ has determined that an asylum-seeker at the Batavia Federal Detention Facility should be released on bond, financial circumstances as well as alternative conditions of release should be considered. (Abdi, et al v. Nielsen, 2/9/18)
CA7 Denies Petition for Review of Denial of CAT Relief for Bisexual Jamaican Citizen
The court concluded that the denial of CAT deferral of removal was supported by substantial evidence, finding that the petitioner, a bisexual Jamaican citizen, did not provide sufficient evidence that he specifically would be targeted for extreme violence. (Bernard v. Sessions, 2/8/18)
CA5 Denies Petition for Review Where Petitioner Claimed Lack of Notice of Hearing
The court denied the petition for review, holding that the BIA did not abuse its discretion in affirming the IJ’s decision that the petitioner received proper notice of her hearing where delivery of the notice occurred at the address the petitioner provided. (Garcia Nunez v. Sessions, 2/8/18)