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 Petition for Review of Denial of Asylum, Withholding, and CAT Protection to Guatemalan Quiché Petitioners
The court denied the petition for review, holding, among other things, that the petitioners did not show that the government of Guatemala condoned the actions of those who mistreated the petitioners or was unable or unwilling to protect them. (Olmos-Colaj v. Sessions, 3/29/18)
Senate Democrats Urge Appropriations Committee to Maintain Humanitarian Assistance for Refugees in FY2019
On March 26, 2018, 25 Senate Democrats signed a letter to Chairman Cochran and Vice Chairman Leahy of the Senate Appropriations Committee urging them to include robust funding for programs that support refugees and other vulnerable migrant populations in FY2019 appropriations.
Practice Pointer: Burmese Refugees Receiving Interview Notices from USCIS Field Offices Nationwide
AILA provides information regarding a recent trend of Burmese refugees receiving interview notices from USCIS Field Offices as a part of a nationwide USCIS investigation. Members should send questions directly to USCIS at uscis.mfi@uscis.dhs.gov.
House Democrats Urge Appropriation Subcommittees to Maintain International Humanitarian Assistance for Refugees in FY2019
On March 16, 2018, 118 House Democrats wrote chairs and ranking members of three different appropriations subcommittees explaining the need to maintain robust funding for programs that support refugees for FY2019.
CA1 Upholds Denial of Asylum Where Evidence Showed Persecution Was Based on an Economic Motive
The court denied the petition for review, finding that substantial evidence showed that the petitioner failed to establish eligibility for asylum by failing to show a nexus between his alleged persecution and a statutorily protected ground. (Lopez-Lopez v. Sessions, 3/16/18)
When Fear Is Just the Beginning
AILA member Ruben Reyes shares how the AILA community came together to try and determine if specific inquiries from USCIS were local or national in scope, writing “National trends are often revealed when local experts start talking and comparing notes. These days, doing so is even more important.
CA11 Finds Government Did Not Meet Burden to Show Asylum Petitioner Could Relocate Within China
In an unpublished opinion, the court remanded the case to the BIA, holding that the government did not meet its burden to show that the Chinese Christian petitioner could relocate within China to avoid persecution. Courtesy of Henry Zhang. (Shi v. Attorney General, 3/15/18)
CA3 Finds Counsel’s No-Show at Reasonable-Fear Screening Didn’t Warrant Relief
The court denied the petitions for review, determining that the petitioner failed to demonstrate that his due process rights were violated when an immigration judge reviewed a negative reasonable fear determination without his attorney present. (Bonilla v. Sessions, 3/15/18)
CA7 Finds Mexican Petitioner Did Not Meet Burden to Establish Eligibility for Withholding of Removal or CAT Relief
The court denied the petition for review, finding that the petitioner did not meet his burden in establishing that he would be subject to future persecution or torture, and that he was thus not entitled to withholding of removal or relief under the CAT. (Cruz-Martinez v. Sessions, 3/14/18)
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.
AILA Report “Cogs in the Deportation Machine” Shows Massive Escalation of Immigration Enforcement
AILA released a new report detailing how the Trump administration has systematically increased enforcement, using harsh, indiscriminate methods to deport thousands of families, asylum seekers, and people who have lived and worked for years in the United States.
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)