LexisNexis® Legal Newsroom
CA7 (Posner) on CAT, Honduras, HIV Status: Velasquez-Banegas v. Lynch

Velasquez-Banegas v. Lynch - "Suppose a person if removed to his country of origin would be sure to be persecuted unless, by living in a cave, he avoided all contact with other persons. The next step would be to rule that no one can have a real fear of persecution because if persecution looms he...

Stats, Docs from Feb. 7, 2017 USCIS Asylum Division Quarterly Stakeholder Meeting (UPDATED Mar. 6, 2017)

Stats, Docs from Feb. 7, 2017 USCIS Asylum Division Quarterly Stakeholder Meeting - Questions and Answers (PDF, 256 KB) Statistical Documents Affirmative Asylum Statistics - October 2016 (PDF, 59 KB) Affirmative Asylum Statistics - November 2016 (PDF, 59 KB) Affirmative Asylum Statistics - December...

USCIS Asylum Div. Revises Credible Fear / Reasonable Fear Lesson Plans (Feb. 2017)

In a memo dated Feb. 13, 2017 , USCIS Asylum Division Chief John Lafferty released revised updated versions of the Asylum Division Officer Training Course Lesson Plans, Credible Fear of Persecution and Torture Determinations , and Reasonable Fear of Persecution and Torture Determinations , set to take...

CA9 on 'Particular Social Group' - Bringas-Rodriguez II (en banc)

Bringas-Rodriguez v. Sessions, Mar. 8, 2017 - "Carlos Alberto Bringas-Rodriguez (Bringas), a gay man who is a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) denial of his applications for asylum, withholding of removal, and Convention Against...

Class Action Lawsuit Claims Delays in Immigration Courts: Cancino Castellar v. Kelly

ACLU San Diego, Mar. 10, 2017 ACLU Files Class Action Lawsuit Against DHS Challenging Months–Long Delays in Bringing Detained Immigrants, Asylum Seekers Before Judges Thousands Are Incarcerated For Months In Remote Facilities Waiting To See A Judge "The ACLU of San Diego & Imperial...

Court Blocks Application of Travel Ban 2.0 to Syrian Family: Doe v. Trump

Reuters, Mar. 11, 2017 - "A federal judge in Wisconsin dealt the first legal blow to President Donald Trump's revised travel ban on Friday, barring enforcement of the policy to deny U.S. entry to the wife and child of a Syrian refugee already granted asylum in the United States. The temporary...

CA4 on Asylum, Nexus, Honduras: Cantillano Cruz v. Sessions

Cantilloano Cruz v. Sessions, Mar. 13, 2017 - "Luz Marina Cantillano Cruz (Cantillano Cruz), a citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA).1 The BIA affirmed an immigration judge’s (IJ) conclusion that Cantillano...

Immigration Court Grants Asylum to Amos Yee, Teenage Blogger from Singapore

Associated Press, Mar. 25, 2017 - "A blogger from Singapore who was jailed for his online posts blasting his government was granted asylum to remain in the United States, an immigration judge ruled. Amos Yee, 18, has been detained by federal immigration authorities since December when he was taken...

Former ICE Attorney Switches Sides, Now Represents Detained Asylum-Seekers in Georgia

Washington Post, Mar. 27, 2017 - "In a tiny hearing room at one of the country’s most remote and unforgiving immigration courts, Elena Albamonte walked right past the table she had used for years as the government’s highest-ranking prosecutor here. Instead, she put her briefcase on the...

CA2 on India, Asylum, Timeliness, Credibility, Relocation: Singh v. Sessions (unpub.)

Singh v. Sessions, Apr. 14, 2017 (unpub.) - "[T]he agency required Singh to definitively establish his arrival date, and ignored evidence that Singh lived in India during the year preceding his filing, which was material to whether he filed his application within one year of his arrival in the United...

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution because she had been targeted for extortion,...

Crossing the Line: U.S. Border Agents Illegally Reject Asylum Seekers

HRF, May 2017 - "The U.S. government is illegally turning away asylum seekers at official land crossings all along the southern border. Border agents must refer a person seeking asylum or expressing a fear of persecution to a protection screening interview or an immigration court proceeding where...

Geoffrey A. Hoffman on Due Process, Asylum, Family Separation

Prof. Geoffrey A. Hoffman, May 4, 2017 - " Does due process require termination of proceedings where a detained respondent is forcibly separated from his family with identical claims for asylum? -YES by Geoffrey A. Hoffman The University of Houston Law Center ’s immigration clinic along...

Against the Odds, Members of a Refugee Caravan Are Let Into the US

Bryan Schatz, Mother Jones, May 12, 2017 - "Last weekend, dozens of refugees who participated in a caravan that traversed Mexico to seek asylum in the United States, presented themselves at the San Ysidro port of entry in Tijuana and were admitted into the United States. Planned by a coalition of...

DHS Secretary Kelly Using Alt-Facts about Asylum

Eleanor Acer, May 10, 2017 - "Last Friday, Secretary of Homeland Security John F. Kelly defended the controversial deportation of a Honduran woman and her young child. “ Now remember the vast majority of the people who come up here—in fact I would say the overwhelming number—say...

CA1 on Asylum, Internal Relocation, Evidence: García-Cruz v. Sessions

García-Cruz v. Sessions, May 26, 2017 - "There is significant evidence in the record supporting a conclusion that relocation would be unreasonable. But García-Cruz has understandably focused on the BIA's failure to properly analyze the reasonableness factors, rather than whether...

ICE Shutters Detention Alternative for Asylum-Seekers

Frank Bajak, Associated Press, June. 9, 2017 - "The Trump administration is shutting down the least restrictive alternative to detention available to asylum-seekers who have entered the U.S. illegally, The Associated Press has learned. Immigration activists consider the move a callous insult...

CA3 on Due Process: Serrano-Alberto v. Sessions

Serrano-Alberto v. Sessions, June 12, 2017 - "The Fifth Amendment protects the liberty of all persons within our borders, including aliens in immigration proceedings who are entitled to due process of law — that is, a meaningful opportunity to be heard — before being deported. In this...

Expert: 'Unprecedented' Arrest of Asylum Applicant at Miami USCIS Interview

Nicholas Kulish, NYT, June 13, 2017 - "Marco Coello, then a skinny 18-­year-­old high school student, was grabbed by plainclothes agents of the Venezuelan security services as he joined a 2014 demonstration against the government in Caracas. They put a gun to his head. They attacked him...

Class Action Lawsuit Challenges Practice of Turning Away Asylum Seekers at U.S. Southern Border

CCR, July 12, 2017 - "Today an immigrant rights group and several asylum seekers filed a class action lawsuit against officials at the U.S. Department of Homeland Security and U.S. Customs and Border Protection (CBP) in a federal district court in California, challenging the government’s unlawful...

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”...