LexisNexis® Legal Newsroom
Sessions Likely to End Asylum Eligibility for Victims of Domestic Violence: How Courts Can Resist

Sophia Genovese, Mar. 20, 2018 - "Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been the victim of sexual or gender-based violence...

Jeffrey S. Chase - Amicus Brief Filed in C.J.L.G. v. Sessions

Jeffrey S. Chase, Mar. 21, 2018 - "On March 15, lawyers with the firm of Simpson, Thacher & Bartlett filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 11 former immigration judges and BIA Board members in the case of C.J.L.G. v. Sessions . The case involves...

Class Action Victory in Seattle! - Mendez Rojas v. Johnson (Asylum, One-Year Rule, Notice)

AIC, Mar. 29, 2018 - "On March 29, 2018, the District Court granted Plaintiffs’ motion for summary judgment . The court found that the failure to provide all class members with notice of the one-year asylum application period violates Congressional intent to ensure that asylum is available...

Asylum Victory in New Orleans; Honduras, Social Group, Mendes Rojas

Hats off to Prof. Hiroko Kusuda , Clinic Professor and Director of Immigration Law Section of Loyola University New Orleans College of Law, Stuart H. Smith Law Clinic and Center for Center for Social Justice, and Mary K. Richardson, Student Practitioner! Matter of X-, Apr. 3, 2018, New Orleans Immigration...

Practice Advisory - Overcoming the Asylum One-Year Filing Deadline for DACA Recipients

Victoria Nielson, Reena Arya, CLINIC, Apr. 13, 2018 - "With the uncertain future of DACA, it is important to fully screen all DACA recipients for other potential forms of relief, including asylum. Many DACA recipients may be eligible for asylum, but almost all DACA recipients will have to overcome...

BIA on Jurisdiction, Asylum, Reinstatement: Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)

Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018) - (1) The Department of Homeland Security has the authority to file a motion to reconsider in Immigration Court. (2) An applicant in withholding of removal only proceedings who is subject to a reinstated order of removal pursuant to section 241(a)(5) of...

HIRC Files Amicus Brief Challenging Sessions' Push to Restrict Gender Asylum

Harvard Immigration and Refugee Clinical Program, Apr. 27, 2018 - "Today the Harvard Immigration and Refugee Clinical Program (HIRC) joins the American Immigration Lawyers Association (AILA), Human Rights First (HRF) and Kids in Need of Defense (KIND) in filing a brief of amicus curie in the case...

CA5 on Honduras, Asylum, Persecution, Social Group - Cabrera v. Sessions (May 7, 2018)

Cabrera v. Sessions, May 7, 2018 - "In sum, we hold that the BIA erred in requiring Cabrera to prove past persecution to establish a claim based on a well-founded fear of future persecution; and, second, in recharacterizing Cabrera’s claimed social group. In all other respects, the decision...

Matter of A-B- Amicus Brief Exposes Sessions' Lawlessness

Jeffrey S. Chase, May 6, 2018 - "Briefs of the parties and amici have now been filed with the Attorney General in Matter of A-B- . Once again, a group of former immigration judges and BIA members, which this time numbered 16 (including myself) filed an amicus brief (which can be viewed here: http...

A Look Behind the Curtain at V. Stuart Couch, the Immigration Judge at the Heart of Matter of A-B-

Bryan Johnson, Apr. 20, 2018 - FOIA results: evidence of Immigration Judge V. Stuart Couch’s shocking prejudgment of all domestic violence asylum claims "At the bottom, readers will find the all of the decisions of Immigration Judge V. Stuart Couch that resulted in BIA remands for the Fiscal...

USCIS Releases Asylum Stats, Reports (May 2, 2018)

USCIS, May 2, 2018 - Affirmative Asylum Statistics January 2018 (PDF, 61 KB) Affirmative Asylum Statistics February 2018 (PDF, 59 KB) Affirmative Asylum Statistics March 2018 (PDF, 60 KB) Credible Fear and Reasonable Fear Statistics and Nationality Report (PDF, 158 KB) NACARA Cumulative Report January...

Expert: Anne Frank Analogy Appropriate to DOJ Prosecution Proposal

Stuart Anderson, May 9, 2018 - "Imagine your child faces death or enslavement at the hands of predators and all legal avenues of escape and refuge have been blocked. Would you attempt to enter another country unlawfully and seek asylum? Found hiding in an attic, Anne Frank died in the Holocaust...

Amicus Brief Filed in W-Y-C- & H-O-B- Appeal

Jeffrey S. Chase, May 28, 2018 - "On May 23, an amicus brief was filed in the U.S. Court of Appeals for the Fifth Circuit on behalf of a group of 13 former immigration judges (including myself) and BIA members in the appeal of the BIA’s precedent decision in Matter of W-Y-C- & H-O-B-. In that...

Hidden Horrors of 'Zero Tolerance' - Mass Trials and Children Taken From Their Parents

Debbie Nathan, The Intercept, May 29, 2018 - "FEDERAL MAGISTRATE JUDGE Ronald G. Morgan is in his 60s, with a bright-pink face and a crisp, friendly manner — though lately he has been making disconcerting little mistakes in court. He has spent eight years on the bench in Brownsville, a small...

26 Documents for Asylum Officer Training Removed from USCIS Website

Web Integrity Project, May 29, 2018 - "Between March and April 2017, a series of 26 documents pertaining to training asylum officers were removed from the U.S. Citizenship and Immigration Services (USCIS) website. The materials were prepared for personnel charged with reviewing and vetting asylum...

Three Fearless Asylum Attorneys Challenge Trump in Tijuana

Nicole Ramos, Erika Pinheiro and Nora Phillips form the legal team at Al Otro Lado in Tijuana. They were profiled in The California Sunday Magazine, May 30, 2018 .

Latest State Department Country Reports on Human Rights Practices Fail Refugee Women

Jason Dzubow, May 2, 2018 - "The 2017 State Department Country Reports on Human Rights Practices is out, and the news is not good. The Report makes clear that the Department of State (“DOS”) has joined our government’s effort to block asylum seekers by any means necessary–including...

3rd-Generation Gangs and Political Opinion - Jeffrey S. Chase

Jeffrey S. Chase, June 3, 2018 - "When Attorney General Jeff Sessions issues his decision in Matter of A-B- (the case he certified to himself to decide whether “being a victim of private criminal activity” can constitute a particular social group for asylum purposes), it may negatively...

BIA: Forced Labor in 1990 Triggers 'Material Support' Bar - Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018)

Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018) - (1) An alien provides “material support” to a terrorist organization if the act has a logical and reasonably foreseeable tendency to promote, sustain, or maintain the organization, even if only to a de minimis degree. (2) The respondent...

Jeffrey S. Chase on Matter of A-C-M-: Punishing the Victims

Jeffrey S. Chase, June 9, 2018 - "On June 6, the BIA published its precedent decision in Matter of A-C-M- . As the Board seems to no longer issue precedent decisions en banc, the decision is that of a divided three-judge panel. The two-judge majority found the respondent to be barred from asylum...

Federal Court: Family Separation 'Brutal, Offensive...Shocks the Conscience'

"These allegations sufficiently describe government conduct that arbitrarily tears at the sacred bond between parent and child, and is emblematic of the “exercise of power without any reasonable justification in the service of an otherwise legitimate governmental objective[.]” ... Such...

Sessions to Issue Asylum Decision Today (June 11, 2018)

USDOJ, June 11, 2018 - "...Today, exercising the responsibility given to me under the INA, I will be issuing a decision that restores sound principles of asylum and long standing principles of immigration law. We have not acted hastily, but carefully. In my judgment, this is a correct interpretation...

Sessions Overrules A-R-C-G-: Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)

Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) Headnotes: (1)Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2)An applicant seeking to establish persecution on account of membership...

Statement in Response to Sessions' Decision in Matter of A-B- by Retired Immigration Judges and Former Members of the Board of Immigration Appeals

June 11, 2018 - "As former Immigration Judges with decades of experience at the trial and appellate level, we consider the Attorney General’s decision an affront to the rule of law. As former judges, we understand that in order to be fair, case law must develop through a process of impartial...

2018 Expedited Removal Guide

Asylum Seeker Advocacy Project - "This guide supports attorneys, law students, paralegals and other advocates working to prevent the deportation of asylum-seeking families who have recently arrived in the United States. The Asylum Seeker Advocacy Project (ASAP) prepared “Vindicating the...