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
MPI Report – In the Age of Trump: Populist Backlash and Progressive Resistance Create Divergent State Immigrant Integration Contexts
The Migration Policy Institute (MPI) provides a report that examines how policymakers beyond Washington are responding to the Trump administration’s rhetoric and actions on immigration, looking at how hotly contested policy debates are unfolding in the states.
CA11 Holds Battery of a Child Under Fla. Stat. §784.085 to Be a Crime of Child Abuse and a CIMT
The court held that a battery of a child conviction under Florida Statute §784.085 is categorically a crime of child abuse and a crime involving moral turpitude (CIMT). (Pierre v. Attorney General, 1/18/18)
CA6 Holds That BIA Abused Its Discretion by Failing to Credit Petitioner’s Evidence
The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings by failing to credit the facts presented by her evidence that showed that she would be singled out for persecution by a Mexican drug cartel. (Trujillo Diaz v. Sessions, 1/17/18)
EOIR Releases OPPM on Change of Venue Requests
EOIR released Operating Policies and Procedures Memorandum 18-01, Change of Venue, stating that every Immigration Judge is required to ensure that “good cause has been shown” before granting a motion for change of venue. This OPPM replaces OPPM 01-02.
Sign-On Letter to Secretary Nielsen Opposing Family Separation Proposal
On 1/16/18, AILA joined 129 other organizations in a letter to Kirstjen Nielsen, Secretary of Homeland Security, opposing a recent proposal from the Trump administration to separate immigrant children from their parents when they are apprehended at the border.
CA9 Orders Government to Return Individual Removed to Mexico to the United States
The Ninth Circuit issued an order granting a petition for a writ of mandamus filed by an individual removed to Mexico after not receiving proper notice of his hearing, ordering the government to return him to the United States no later than 1/16/18. (Bringas-Rodriguez v. Sessions, 1/12/18)
CA8 Denies Petition for Review of Eligibility of Follower of Santa Muerte for Withholding and CAT Protection
The court denied the petition for review, holding that substantial evidence supported the finding that the petitioner failed to establish either a sufficient nexus between his faith and his mistreatment or a likelihood of torture if removed. (Garcia-Moctezuma v. Sessions, 1/11/18)
CA7 Holds BIA Did Not Err in Granting Motion to Remand on Frivolous Asylum Application Issue
The court found that the BIA did not procedurally err in granting DHS’s motion to remand to the IJ for reconsideration of whether the petitioner, an Iranian national who did not disclose her Norwegian citizenship, had filed a frivolous asylum application. (Shojaeddini v. Sessions, 1/11/18)
AILA Insight: Religion-Based Asylum Claims for Atheists or Agnostics
AILA member Jonathan Levy explains asylum options for atheists and agnostics.
CA7 Denies Motion for Stay of Removal for Bisexual Citizen of Jamaica
The court denied the petitioner’s motion for a stay of removal pending the court’s consideration of his petition for review because the BIA’s decision on a motion to reopen “is discretionary and unreviewable.” (Fuller v. Sessions, 1/8/18)
BIA Holds Aggravated Felony Bar in 212(h) Does Not Apply to Refugees Who Adjusted Status
Unpublished BIA decision holds that respondent was not “admitted” as an LPR when he adjusted from refugee status and states that it is not bound by contrary Eighth Circuit decision. Special thanks to IRAC. (Matter of S-N-, 1/8/18)
Affirmative Asylum Scheduling Bulletin (1/4/18)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 1/4/18. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
From DC to Dilley – One Volunteer’s Firsthand Experience
In this blog post, Immigration Justice Campaign Director Karen Lucas interviews recent family detention volunteer McKayla Eskilson about her experience, the work the project is doing, and the impact she had during her week at Dilley helping asylum seeking moms and kids incarcerated in the facility.
Top 10 AILA Videos and Blog Posts of 2017
A quick recap of the most viewed videos and most read blog posts this year, covering a variety of topics from H-1Bs to MAVNI to the latest travel ban updates and more. There is truly something for everyone; take a look at these resources as you reflect on 2017.
Helping Daisy
AILA member Rebecca Minahan shares how she helped one young family at the Dilley detention facility through the credible fear process, writing that while she “would most likely never learn of their fate,“ she “felt honored to have been a part of their lives if only for a very short time.“
USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear
The American Immigration Council and partners provided this practice advisory with practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
CA8 Upholds Denial of Asylum to Ethiopian Petitioner
The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17)
CA9 Vacates Denial of Chinese Petitioner’s Asylum Application
Where the petitioner had been persecuted by Chinese authorities after opposing eminent domain, the court vacated the BIA’s denial of his asylum application, finding that the persecution was on account of an imputed political opinion. (Song v. Sessions, 12/18/17, amended 2/15/18)
CRS Legal Sidebar: The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases
The Congressional Research Service (CRS) issued a Legal Sidebar on the “one central reason” standard and how it is applied in practice, including a discussion of Barajas-Romero v. Lynch, which created a split among federal circuit courts regarding the extent and application of this standard.
USCIS Provides Lesson Plan on Decision Writing - Overview and Components
USCIS provided part one of its Asylum Division Officer Training Course on decision writing. This lesson introduces asylum officers to the standard format for written asylum decisions.
Affirmative Asylum Scheduling Bulletin (12/13/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 12/13/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
BIA Reopens Proceedings for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings for DACA recipient seeking to adjust status, noting that he was a minor when his parents’ asylum application was denied and was now the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Wu, 12/11/17)
CA4 Remands Asylum Case to BIA to Reconsider Eligibility for Changed Circumstances Exception to One-Year Filing Deadline
The court found that facts that provide additional support for a pre-existing asylum claim can satisfy the changed circumstances exception to the one-year filing deadline and remanded the Honduran petitioner’s case to the BIA. (Romero Zambrano v. Sessions, 12/5/17)
EOIR Fact Sheet: An Agency Guide
EOIR provides a fact sheet with an agency overview as well as a list of common forms of protection and relief from removal.
When Law Professors Attack: Four False Assumptions in the WSJ Op-Ed
Apparently, it is now fashionable to blame immigration lawyers for the ills of the U.S. immigration system. It started in October when Attorney General Jeff Sessions, railed against the “dirty immigration lawyers,“ baselessly charging that they are exploiting loopholes (also known as “the law&