LexisNexis® Legal Newsroom
Links to Stats from Asylum Division Quarterly Stakeholder Meeting

"Asylum Division Quarterly Stakeholder Meeting - U.S. Citizenship and Immigration Services (USCIS) invited you to participate in a quarterly stakeholder engagement in Washington, D.C., on Wednesday, Feb. 4, 2014, from 3 to 4:30 p.m. (EST) to provide updates from the Asylum Division and answer questions...

CA7 on Corroboration, Asylum, Zimbabwe: Sibanda v. Holder

"After fleeing from her native Zimbabwe to the United States, Lucy Sibanda applied for asylum and other relief from removal. She fears that if she is repatriated, her brother‐in‐law will exercise his rights under a tribal custom that deems her, his brother’s widow, his property and will attempt...

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in support of a petitioner’s case, in the...

Gang Asylum (Guatemala, Mara-18) Victory in Hartford Immigration Court

Prof. Jon Bauer writes: "On January 14, 2015, Judge Philip Verrillo of the Hartford, CT Immigration Court issued a written decision granting asylum to a Guatemalan man who was threatened with death, along with his family, by members of the Mara-18 gang because he had filed a complaint with the police...

Advocates: DOJ Claims in Child Migrant Case ‘Fantasy’

"The Obama Administration went into federal court in Seattle this month and made two arguments — sometimes contradictory — against a lawsuit challenging its decision to rush thousands of child migrants from Central America into deportation proceedings last summer without first providing...

9th Circuit Decision an 'Important Step' for Mexican Torture Victims

"A federal appeals court on Friday overturned decisions that put the burden of proof on foreigners who claim they were tortured in their home countries to show they cannot safely return to another part of the country they fled. The 9th U.S. Circuit Court of Appeals said it is neither the responsibility...

ACLU Letter: J.E.F.M. v. Holder Status Update (Mar. 27, 2015)

"We write to update you on the status of J.E.F.M. v. Holder, 14-cv-01026-TSZ (W.D. Wash.), our case seeking legal representation for children in immigration proceedings, and to inform you of developments in the case that may be helpful to children who are currently unrepresented in immigration court...

Attorneys, Law Students Train for Pro Bono Asylum Cases for Detained Refugee Moms, Kids in Texas

"For the mothers and children detained at an immigrant facility in Karnes County, about 100 miles south of Austin, their best chance for release is to find attorneys willing to represent them pro bono. And in turn, the lawyers willing to take on these cases need specific training. So this week at...

Update on New and Novel PSGS: USCIS, Apr. 15, 2015

A Washington Times article references a 27-page document on the 'particular social group' (PSG) aspect of asylum adjudications, discussed during an April 23, 2015 Senate Judiciary Committee hearing . The document, dated April 15, 2015 and entitled "Update on New and Novel PSGS" is...

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate the BIA’s order, and remand for further proceedings...

Transgender Woman From Guatemala Secures Asylum

"A transgender Guatemalan woman has been released from an all-male immigration detention facility after a judge in Arizona granted her asylum, attorneys said on Friday, in a case that gained nationwide attention and became a rallying point for immigrant groups and the lesbian, gay, bisexual and...

Man Shot In Crowd May Qualify For Asylum, 9th Circ. Finds

"The Board of Immigration Appeals erred by finding a Guatemalan man was ineligible for political asylum because police in his native country did not single him out when they shot into a crowd of protesters and struck him, the Ninth Circuit concluded Tuesday. The appeals court remanded the case...

USCIS Asylum Division Document Dump, May 7, 2015

USCIS, May 7, 2015 : Statistical Documents Affirmative Asylum Statistics for January, February, and March 2015 NACARA Statistics for January, February, and March 2015 Credible Fear and Reasonable Fear Statistics - March 2015 Syria Stats (1993 to Q2 FY2015) Credible Fear and Reasonable...

Dallas Volunteers Assist Central American Asylum Applicants

"Once a month, lawyers, translators, schoolteachers and other volunteers gather at a free legal clinic at Catholic Charities in northeast Dallas. They listen to horrific stories from children who crossed the Texas border in unprecedented numbers last year seeking refuge from gang violence in Central...

Unpub. BIA Asylum Remand Victory; China

"Upon our de novo review, we will reverse the Immigration Judge's conclusion that the harm the lead respondent experienced does not rise to the level of persecution. ... We will remand for the Immigration Judge to allow the Department of Homeland Security (DHS) an opportunity to rebut the presumption...

BIA on Competency, Asylum - Matter of J-R-R-A-

OFFICIAL HEADNOTE : If an applicant for asylum has competency issues that affect the reliability of his testimony, the Immigration Judge should, as a safeguard, generally accept his fear of harm as subjectively genuine based on the applicant’s perception of events. - Matter of J-R-R-A-, 26 I&N...

CA7 on Credibility, China: Liu v. Lynch

"Hongting Liu, a Chinese citizen in her mid-twenties, petitions for review of the denial of her application for asylum and withholding of removal based on religious persecution. Because substantial evidence does not support the Immigration Judge’s (IJ) adverse credibility finding, which was...

Experts Speculate on Outcome in Chinese Fugitive Case

"As China's most-wanted economic fugitives sits in a New Jersey jail seeking asylum in the United States, legal observers say the US and China may resolve her status through diplomacy. The first hearing for Yang Xiuzhu took place on Tuesday at an immigration court in Manhattan. The 30-minute...

Public Records Show CBP-Created 'Statements' Not Reliable - AILA Amicus Brief

"AILA filed an amicus brief in a case arising from an asylum grant in Artesia. The DHS appealed the grant arguing that the respondent was not credible because her merits testimony contradicted prior border statements and credible fear statements. AILA took the position that the BIA should adopt...

Virginia Raymond - Pro Bono Champion

"Five years ago, Virginia Raymond was teaching Mexican-American studies at the University of Texas at Austin while also directing an oral history project on the death penalty. Although she was a licensed attorney, she was not actively practicing law. That all changed in 2012, when she offered to...

Positive Decision on Segregability in FOIA Cases from D.D.C.

Rachel C. Zoghlin writes: "On July 30, 2015, after over two years of litigation, Judge John D. Bates of the U.S. District Court for the District of Columbia issued a highly-anticipated decision in the companion FOIA cases Mezerhane Gosen v. USCIS and Mezerhane de Schnapp v. USCIS. Nos. 13-1091...

CA6 on Iraq, Chaldean Christians, Asylum, Misrepresentation: Yousif v. Lynch

"Because the IJ did not determine whether, at the time that Yousif submitted his application, contemporary conditions in Iraq were so dangerous for Chaldean Christians that Yousif would have been eligible for asylum based solely upon his religion, the IJ failed to determine whether Yousif’s...

IJ on Asylum, Social Group, Honduras: Matter of O- (Unpub.)

Camila Palmer writes: "I wanted to share an IJ decision finding my client was a member of a PSG of "former honest police officers," distinguishing Matter of Fuentes. I think its a well-written decision and thought it might be useful to other practitioners, should you want to share it on...

BIA on Asylum, Credibility, Time Bar: Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)

Official Headnotes : (1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application that is properly viewed as a new application...

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases "This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of origin to seek safe haven in the United States. Many...