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
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Unpublished BIA decision equitably tolls deadline to file appeal in light of ineffective assistance by prior counsel in failing to pursue asylum application.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)
CA1 Finds Salvadoran Petitioner Did Not Establish Nexus Between Fear of Harm and a Familial Relationship
The court denied the petition for review, holding that the petitioner did not establish a nexus between her fear of harm by gang members and a familial relationship and that the harm was motivated by the gang’s desire to extort money from her. (Villalta-Martinez v. Sessions, 2/7/18)
USCIS Q&As from Asylum Division Quarterly Meeting (2/6/18)
USCIS provides Q&As from the 2/6/18 Asylum Division Quarterly meeting, including asylum interviews, credible fear, UACs, I-94s, employment authorization, biometrics notices for defensive asylum applicants, the one-year filing deadline, training/lesson plans, and more.
USCIS Provides Questions and Statistics from TRIG Meeting (2/14/18)
On 2/4/18, AILA and other stakeholders met with the USCIS Terrorist-Related Inadmissibility Grounds (TRIG) Working Group. USCIS answered questions and provided statistics regarding TRIG exemptions in adjustment, refugee, and asylum cases.
CA5 Partially Dismisses and Partially Denies Petition for Review of BIA’s Denial of Motion to Reopen
The court partially dismissed the petition for lack of jurisdiction and partially denied the petition, finding that the petitioner’s claim that the BIA violated his due process rights was unavailing. (Mejia v. Sessions, 2/2/18)
CA1 Upholds Denial of Withholding of Removal and CAT Protection to Honduran Petitioner
The court denied the petition for review, finding, among other things, that the evidence did not compel a finding that the petitioner established a nexus between his alleged past persecution or any likely future persecution and his family membership. (Ruiz-Escobar v. Sessions, 2/2/18)
AILA Provides FAQs on Changes to the Asylum Office Affirmative Scheduling System
AILA responds to FAQs after the USCIS announced a return to the “last in, first out” policy for scheduling asylum interviews. This change will have a profound effect on work flow for attorneys with a heavy asylum practice.
CA11 Denies Petition for Review of BIA’s Denial of Motion to Reopen
The court upheld the BIA’s decision denying the petitioner’s motion to reopen removal proceedings, finding, among other things, that he failed to exhaust his administrative remedies and that the BIA did give “reasoned consideration” to his claims. (Lin v. Attorney General, 1/31/18)
USCIS to Take Action to Address Asylum Backlog
USCIS announced that it will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. USCIS also discontinued the Affirmative Asylum Bulletin.
DHS Announces Additional Security Procedures for Refugees Seeking Resettlement in the U.S.
DHS announced additional security enhancements and recommendations for the U.S. Refugee Admissions Program (USRAP), including additional screening for certain nationals from high-risk countries, administering the USRAP in a more “risk-based manner,” and periodic review.
USCIS Announces Processing Change for Certain Form I-730 Petitions
USCIS announced that on 1/12/18 it changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. The International Adjudications Support Branch in the RAIO Directorate will now process petitions filed by individuals who were admitted to the U.S. as refugees.
USCIS Discontinues Affirmative Asylum Interview Scheduling Bulletin
Starting 1/29/18, the Asylum Division will give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews. USCIS notes that workload priorities related to border enforcement may impact the scheduling of new applications for interview within 21 days.
CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group
The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18)
CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum
The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18)
White House Releases Its Framework on Immigration Reform and Border Security
The White House released its “framework on immigration reform and border security,” including reforms on border security, DACA legalization, and changes to family-based immigration.
White House Appeals to Nativist Base with Anti-Immigrant Proposal
AILA denounced the latest iteration of the Trump administration’s proposal on immigration as destructive and untenable.
Immigration Law Advisor, Winter 2017-2018 (Vol. 11, No. 7)
The Winter 2017-2018 issue of Immigration Law Advisory includes an article on the Cuban Adjustment Act of 1966, as well as summaries of recent circuit court decisions and BIA precedent decisions.
BIA Finds LPR Who Involuntarily Reentered U.S. Without Inspection Was Not Seeking Admission
Unpublished BIA decision holds that returning LPR was not properly regarded as an applicant for admission because he was fleeing for his life from a drug cartel in Mexico when he illegally reentered the country. Special thanks to IRAC. (Matter of I-C-B-, 1/25/18)
CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief
The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18)
AILA Notes from SCOPS Teleconference (1/24/18)
AILA notes from a teleconference with SCOPS on 1/24/18. Topics include prima facie determination for U visa applicants, I-765 processing delays, I-130s, CSPA, 204(l) humanitarian reinstatement, and H-1B filings. An updated SCOPS organizational chart is also included.
USCIS Asylum Office Workload for October 2017
USCIS provides statistics on asylum offices’ workload, stages of asylum cases (filed, interviews conducted, completed, pending) broken down by office, and nationality of applicants for October 2017.
USCIS Asylum Office Workload for November 2017
USCIS provides statistics on asylum offices’ workload, stages of asylum cases (filed, interviews conducted, completed, pending) broken down by office, and nationality of applicants for November 2017.