LexisNexis® Legal Newsroom
DHS Brief in Matter of L-A- (Family as PSG)

CLINIC (Bradley Jenkins) writes: "CLINIC recently received word from counsel of record in Matter of L-A- (also known as the "family as particular social group" amicus invitation from the Board ) that DHS has filed their supplemental brief . In an unexpected pleasant surprise, DHS's...

USCIS Asylum Division Latest Stats (May 6, 2016)

Links from the Asylum Division Quarterly Stakeholder Meeting, Friday, May 6, 2016 - Meeting Invitation (PDF) Statistical Documents Affirmative Asylum Statistics - January 2016 (PDF) Affirmative Asylum Statistics - February 2016 (PDF) Affirmative Asylum Statistics - March 2016 (PDF) Credible...

Cornell Asylum Clinic Wins BIA Remand for Somali (unpub., May 25, 2016)

Stephen W. Yale-Loehr, Professor of Immigration Law Practice, Cornell Law School , and Co-Author, Immigration Law & Procedure Treatise , writes: "My colleague Estelle McKee and two students (Jamie Long and Melvin Wu) just won a remand from the BIA in an appeal by a Somali (Mr. D-) who had suffered...

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015)(asylum; Mexico) to be reheard en banc

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015) - Nov. 19, 2015 June 14, 2016 - "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel...

Texas Attorney General Halts Unlawful and Deceptive Conduct at Texas Immigration Law Firm

Texas A.G. Ken Paxton, June 24, 2016 - "The Texas Attorney General’s Office has secured an Agreed Final Judgment and Permanent Injunction against a former immigration attorney, Paul A. Esquivel, his former associate attorney, Juan Carlos Penaflor, and former office manager, Olvia Martinez...

Asylum Seekers File Class Action Lawsuit Against DHS Over One-Year Filing Deadline

NWIRP, July 1, 2016 - "The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period. In fact, bureaucratic obstacles, a well-documented court backlog, and jurisdictional disputes between agencies often...

Unpublished BIA Victory in Religious Persecution Case - Benin

Cornell Law Prof. Steve Yale-Loehr writes: "Krsna Avila and Yanet Cordero, two of our students in the Cornell asylum appeals clinic, just won a remand from the BIA in a case involving religious persecution in Benin. The case involved a man who converted from Voudon (also known as Voodoo) to Christianity...

Cuban Asylum-Seekers Held at Gitmo Denied Access to Counsel

Carolina Bolado, Law360, July 8, 2016 - "A Florida federal judge ruled Friday that a group of Cubans seeking entry into the U.S. after being apprehended on a lighthouse off the Florida Keys won't be granted access to counsel during the course of their legal proceedings because they are not being...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding and (2) ignoring material documentary...

CA5 on Asylum, Ethiopia - Sealed Case

Sealed Case, July 15, 2016 - "Petitioner testified that he had been tortured by the Ethiopian government because it suspected he and his family members supported a terrorist organization called the Ogaden National Liberation Front (“ONLF”). The IJ denied relief because Petitioner did...

News Excerpts From the Aug. 1, 2016, Bender’s Immigration Bulletin

Class Certification Granted in Suit Over Legal Representation for Minors | On June 24, 2016, a federal judge granted a request to certify a class of children in an ongoing suit against the Attorney General for failing to providing legal representation. The main class certified by the court consists...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding and (2) ignoring material documentary...

Inside the Administration's $1 Billion Deal to Detain Central American Asylum Seekers

Chico Harlan & Priscila Mosqueda, Washington Post, Aug. 14, 2016 - "As Central Americans surged across the U.S. border two years ago, the Obama administration skipped the standard public bidding process and agreed to a deal that offered generous terms to Corrections Corporation of America, the...

Special Report: Divided by Detention - Asylum-Seeking Families’ Experiences of Separation

Leigh Barrick, Aug. 31, 2016 - "As the number of asylum-seeking families from El Salvador, Guatemala, Honduras, and Mexico arriving in the United States soared in recent years, the Obama Administration aggressively expanded family detention in an attempt to “deter” the arrival of others...

Unpublished BIA Remands: 1-Year Asylum Deadline - FOIA Results

Attorney Bryan Johnson writes: "Here is the link to full FOIA results of certain BIA remands: https://www.dropbox.com/sh/ii49w8ybsb31q67/AAABiGOuyufqOGTK23QI8BTCa?dl=0 https://www.dropbox.com/s/gqs5i872hocq5tm/2016-23184%20Admin%20%26%20BCR%20Redacted%20Final.pdf?dl=0 I've yet to...

Asylum Victory in Portland (Mexico; PSG)

Amanda Gray writes: "I wanted to share with you a recent IJ decision granting asylum to a woman and her four children* based on her membership in the particular social group of “Mexican women unable to leave their domestic relationship.” DHS made the argument that Respondent did not...

EOIR OPPM: I-589s Can Be Filed at Window or By Mail

EOIR, Sept. 14, 2016 - "Effective immediately, applications for asylum (Application for Asylum and for Withholding of Removal, Form 1-589) may be filed at the window or by mail. They are no longer required to be filed at a master calendar hearing. This applies to all Form 1-589s, regardless of whether...

Lawyers Call for Investigation of Immigration Judges re Asylum, Children

Bryan Johnson, Sept. 29, 2016 - "Several Immigration Judges at the Charlotte and Atlanta Immigration Courts are responsible for knowingly and systematically depriving unrepresented immigrants before them of their right to apply for asylum and/or Special Immigrant Juvenile Status. What follows is...

Habeas Petition Filed for Jailed Asylum Applicant - Acosta Sarmiento v. Ramos

NOWCRJ, Oct. 11, 2016 - "On Tuesday, October 11, 2016, the New Orleans Workers’ Center for Racial Justice (NOWCRJ) filed a groundbreaking habeas corpus lawsuit (PDF) against Immigration and Customs Enforcement (ICE) to free Daniel Acosta Sarmiento, a petitioner who is seeking to remain in...

USCIS Asylum Division Quarterly Stakeholder Meeting, Nov. 4, 2016

USCIS - "U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a quarterly stakeholder meeting on Friday, November 4, from 2 to 4 p.m. (Eastern) to receive updates from the Asylum Division and engage with subject matter experts during a question-and-answer session. Participation...

Latest Asylum Denial Rates for Each Immigration Court Judge - TRAC

TRAC, Nov. 10, 2016 - " TRAC has just published the ninth in its long running series of reports covering each Immigration Judge's decisions on asylum cases. The latest report series consists of 268 separate reports and includes each Immigration Judge who decided at least 100 asylum cases between...

Unpub. BIA Asylum Remand; El Salvador; Domestic Violence; One-Year Bar

Prof. Lindsay M. Harris writes : "I write to share a positive decision from the BIA for a mother from El Salvador fleeing domestic violence. It may be helpful on the one-year filing deadline and immigration court backlogs, particular social group, nexus, and "ability to leave." Here is...

GAO on Asylum Outcomes (Nov. 14, 2016)

GAO, Nov. 14, 2016 - ASYLUM: Variation Exists in Outcomes of Applications Across Immigration Courts and Judges "GAO analyzed the outcomes of 595,795 asylum applications completed by the Department of Justice's Executive Office for Immigration Review (EOIR) between fiscal years 1995 and 2014...

Unpub. BIA Asylum Victory, 1-Year Filing Deadline

Matter of X-, June 14, 2016 - "[W]e conclude that the respondent filed her asylum application within a reasonable period of her seeking and receiving mental health services that treated her PTSD symptoms, specifically the avoidance that affected her ability to apply for asylum. Ultimately, we conclude...

Asylum Outcome Increasingly Depends on Judge Assigned - TRAC

TRAC, Dec. 2, 2016 - "The outcome for asylum seekers has become increasingly dependent upon the identity of the immigration judge assigned to hear their case. While judge-to-judge decision disparities have long existed, a detailed comparison of asylum decisions handed down by judges sitting on the...