LexisNexis® Legal Newsroom
Q&A, Stats from May 2, 2017 USCIS Asylum Division Quarterly Stakeholder Meeting

USCIS, July 18, 2017 - Questions and Answers (PDF, 299 KB) Statistical Documents Affirmative Asylum Statistics – January 2017 (PDF, 56 KB) Affirmative Asylum Statistics – February 2017 (PDF, 178 KB) Affirmative Asylum Statistics – March 2017 (PDF, 179 KB) Credible...

Why Central American Asylum-Seekers Are Avoiding the Charlotte Immigration Court

Julia Preston, The Marshall Project, July 30, 2017 - "Migrants running from gangs do not easily fit into the classic categories for asylum, which offers protection to people fearing persecution based on race, religion, nationality or politics. Yet in some courts, artful lawyers have won for people...

BIA on AOS, Termination of Asylee Status: Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)

Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017) (1) An alien who adjusts status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012), changes his or her status from that of an alien granted asylum to that of an alien lawfully admitted for permanent residence...

Stats, Docs from Aug. 11, 2017 USCIS Asylum Division Quarterly Stakeholder Meeting

USCIS, July 13, 2017 - Statistical Documents Affirmative Asylum Statistics April 2017 (PDF, 189 KB) Affirmative Asylum Statistics May 2017 (PDF, 189 KB) Affirmative Asylum Statistics June 2017 (PDF, 189 KB) Credible Fear and Reasonable Fear Statistics and Nationality Report (PDF, 480 KB) NACARA...

CA4 on Persecution, MS-13, El Salvador: Zavaleta Policiano v. Sessions

Zavaleta Policiano v. Sessions - "[T]he IJ and BIA failed to appreciate, or even address, critical evidence in the record. ... we conclude that the BIA erred by affirming the IJ’s clearly erroneous finding. Zavaleta Policiano was not required to prove that the gang’s threats were “exclusively”...

Singaporean Teen Blogger Amos Yee Granted Asylum, Released from ICE Detention

Sophia Tareen, Associated Press, Sept. 26, 2017 - "A teenage blogger from Singapore was released from U.S. custody on Tuesday following an immigration appeals court's decision to uphold his bid for asylum. Amos Yee, whose online posts mocking and criticizing the Singapore government twice landed...

How Do USCIS Asylum Officers Assess Credibility?

Thanks to a FOIA request by David Cleveland , Senior Volunteer Attorney at Catholic Charities DC, you can read the 2016 credibility training module for USCIS Asylum Officers. Thank you, David!

EOIR Amicus Invitation: Exception to One-Year Asylum Bar (Due Nov. 16, 2017)

EOIR, Oct. 17 2017 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: Whether respondents who file an asylum application based on religion and coercive population control grounds more than 1 year after their arrival...

A.G. Sessions Garners 'Three Pinocchios' for 'Dirty Immigration Lawyers' Smear

Nicole Lewis, Fact Checker, WaPo, Oct. 26, 2017 - "Sessions claims “dirty immigration lawyers,” are coaching their clients to make false claims to stay in the United States. But his claim rests on little evidence. The GAO report his spokesman cited details the challenges of evaluating...

Former Immigration Judge Refutes Sessions' Asylum Fraud Claims

Jeffrey S. Chase, Oct. 26, 2017 - "In a recent address at EOIR headquarters, Attorney General Jeff Sessions blamed the immigration courts’ present backlog of over 600,000 cases on asylum fraud. In order to lend support to his claim, Sessions conveniently omitted some important facts. First...

USCIS RAIO Directorate Training Module: Persecution

USCIS Refugee, Asylum and International Operations Officer Training Module: Definition of Persecution and Eligibility Based on Past Persecution Obtained through FOIA by David Cleveland .

BIA on IJ Authority to Terminate: Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)

Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) - An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland Security in the first instance.

Unpub. BIA Asylum Victory, Somalia: Matter of K-D-H- (Oct. 5, 2017)

Matter of K-D-H- (Oct. 5, 2017, unpub.) Please read the attached IJ decision. No surprise to those of us in the trenches, but perhaps a wake-up call to those who think the asylum system is easy. Hats off to Marty Rosenbluth !

Arlington Asylum Office FGM Training Slides (May 15, 2015)

Large PDF (over 12MB) of 46 pages, Arlington Asylum Office FGM Training Slides (May 15, 2015). Obtained by David Cleveland via FOIA.

Unpub. BIA Asylum Remand Insists IJ Follow the Law (Nov. 6, 2017)

Humza Kazmi writes: "Our client brought an asylum claim, through another attorney. The Immigration Judge found that our client was credible, but hadn't provided sufficient corroborative evidence for part of his claim (membership in a particular organization). The attorney told the IJ that there...

Video Series: Best Practices in Representing Asylum Seekers

Best Practices in Representing Asylum Seekers - "This video series, written and directed by Professor Michele Pistone, Villanova University, walks you through the preparation for an asylum case before the immigration courts. The video was made possible by the generous support of the American Law...

The BIA's Withdrawn Amicus Invitation - Jeffrey S. Chase

Jeffrey S. Chase, Nov. 16, 2017 - "The BIA recently withdrew as moot its invitation for amicus briefs on the following issue: whether an applicant who filed a late application for asylum based on two separate grounds (i.e. religion and coercive population control), and who demonstrated changed conditions...

Latest Asylum Denial Rates for Each Immigration Court Judge - TRAC

TRAC, Nov. 15, 2017 - "TRAC has just published the tenth in its long running series of reports covering each Immigration Judge's decisions on asylum cases. The latest report series consists of 293 separate reports and includes each Immigration Judge who decided at least 100 asylum cases at their...

Asylum Decisions Depend on Judge Assigned - San Francisco and Newark Have Worst Records

TRAC, Nov. 20, 2017 - "Very recent data from the Immigration Courts, current through September 2017, reveals that the outcome for asylum seekers continues to depend on the identity of the immigration judge assigned to hear the case. In the San Francisco as well as the Newark Immigration Courts,...

Asylum Representation Rates Have Fallen Amid Rising Denial Rates

TRAC, Nov. 28, 2017 - "Very recent Immigration Court records reveal that during FY 2017 asylum decisions were up sharply. A total of 30,179 cases were decided by judges last year, a marked increase from 22,312 cases in FY 2016. This is the largest number of asylum cases decided in any one year since...

Stats, Docs from Nov. 3, 2017 Asylum Division Quarterly Stakeholder Meeting

Statistical Documents Affirmative Asylum Statistics July 2017 (PDF, 156 KB) Affirmative Asylum Statistics August 2017 (PDF, 156 KB) Affirmative Asylum Statistics September 2017 (PDF, 156 KB) Credible Fear and Reasonable Fear Statistics and Nationality Report (PDF, 397 KB) NACARA Cumulative Report...

Jeffrey S. Chase: Honor Killings and Particular Social Group

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere...

CA4 on Asylum, Changed Circumstances - Romero Zambrano v. Sessions

Romero Zambrano v. Sessions, Dec. 5, 2017 - "This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may include circumstances that show an intensification...

Jeffrey S. Chase: The Impact of Returning Children on Well-Founded Fear

Jeffrey S. Chase, Dec. 8, 2017 - "I received a request to discuss the following hypothetical: an asylum-seeking couple has a U.S. citizen child. Because of the need for both parents to work, they send the child to their country of origin. The question is what impact the asylum seekers’ decision...

Unpub. BIA Remand; Westernized Somali; Al-Shabaab (Dec. 5, 2017)

Kim Hunter writes: "Respondent, a Somali national, moved for reopening of his 2003 removal order, arguing that: 1) he was eligible for asylum, withholding, and CAT due to changed country conditions; 2) he was eligible for readjustment of status through a qualifying immediate relative; 3) his underlying...