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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...

These Jurisdictions Have Become ‘Asylum Free Zones’

John Washington, The Nation, Jan. 17, 2017 - " If you’re scared for your life, persecuted because of your religion or your politics; if you’ve been a victim of torture at the hands of your government; if you have been repeatedly abused or raped by your spouse, and you’re seeking...

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...