LexisNexis® Legal Newsroom
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Unpublished BIA Remands: 1-Year Asylum Deadline - FOIA Results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...

USCIS Asylum Division Quarterly Stakeholder Meeting, Feb. 7, 2017

USCIS, Dec. 7, 2016 - "U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a quarterly stakeholder meeting on Feb. 7, 2017, 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...

BIA on Frivolous Asylum Claim: Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016)

Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016) - (1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of...

Asylum Denial Rates Rise to 57 Percent in FY 2016, Unrepresented Increase - TRAC

TRAC, Dec. 13, 2016 - " Denials of asylum by immigration judges continued to rise last year. As of the end of September 2016, overall asylum denial rates for FY 2016 had risen to 57 percent. The number of asylum cases decided by immigration judges last year also increased nearly twenty percent to...

Immigrants Use Asylum Applications to Delay Possible Deportation

MIriam Jordan, Wall Street Journal, Dec. 17, 2016 - "Since the election of Donald Trump to the White House, immigrants have been rushing to apply for asylum—with cases many are unlikely to win—in order to remain in the country legally for a time. The controversial tactic temporarily...

Celebrated Afghan Woman Pilot Requests Asylum in U.S.

Margherita Stancati, Wall Street Journal, Dec. 24, 2016 - "As the first female airplane pilot in Afghanistan, Niloofar Rahmani became a powerful symbol of what women could accomplish in the post-Taliban era. But in the ultraconservative country, the limelight also brought threats, sending her into...

Singapore Teen Blogger Amos Yee Seeks Asylum in USA, Detained by Chicago CBP

Associated Press, Dec. 24, 2016 - "A teenage blogger from Singapore whose supporters say is seeking asylum is in custody after being detained last week at Chicago's O'Hare International Airport, U.S. immigration officials said Saturday. Amos Yee, 18, was detained Dec. 16 and remains in custody...

Q&A from Nov. 4, 2016 USCIS Asylum Division Quarterly Stakeholder Meeting

USCIS, Nov. 4, 2016 - Questions and Answers, USCIS Asylum Division Quarterly Stakeholder Meeting, Friday, November 4, 2016

Nationwide Class Certification Granted: Mendez-Rojas v. Johnson (Asylum; One-Year Filing Deadline)

NWIRP, Jan. 12, 2017 - "A federal court in Seattle has granted nationwide class action status to a case seeking to protect the rights of thousands of asylum seekers pursuing protection from persecution in their home countries. On January 10, 2017, the U.S. District Court for the Western District...

Feds Turn Away Asylum-Seekers at Border: Complaint

Joshua Partlow, Washington Post, Jan. 16, 2017 - "“This is happening on a daily basis,” said Kathryn Shepherd, a lawyer with the American Immigration Council, a Washington-based advocacy group, who says she has testimony from dozens of asylum seekers denied access to U.S. asylum officials...