LexisNexis® Legal Newsroom
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...

ASYLUM SEEKERS FILE CLASS-ACTION SUIT DEMANDING TO BE REUNITED WITH THEIR CHILDREN

NWIRP, June 25, 2018 - "Three women who were forcibly separated from their children by immigration officials when they entered the United States to seek asylum filed a lawsuit today in Seattle, Washington, on behalf of themselves and dozens of other separated families. The lawsuit seeks an order...

Vox (Dara Lind) Exclusive: Draft Asylum Regulation Would Block Many Central Americans

Dara Lind, Vox, June 29, 2018 - "The Department of Justice, under Attorney General Jeff Sessions, is drafting a plan that would totally overhaul asylum policy in the United States. Under the plan, people would be barred from getting asylum if they came into the US between ports of entry and were...

Major Victory for Asylum-Seekers; Court Enjoins Blanket Parole Denials - Damus v. Nielsen

ACLU, July 2, 2018 - " A federal court has blocked the arbitrary detention of asylum seekers fleeing persecution, torture, or death in their countries of origin. It also ordered a case-by-case review of whether each asylum seeker in the class-action lawsuit should be released on humanitarian parole...

Setback for 'Social Group' at CA3 - S.E.R.L. v. Attorney General

S.E.R.L. v. Attorney General - "In this immigration case, we consider the term “particular social group,” which is part of the definition of “refugee” in the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(42). We must decide whether a revised...

Feds Sued for Turning Away Asylum Seeker and Falsifying Paper Trail - Crespo v. USA

AIC - "U.S. Customs and Border Protection officers all too frequently deny individuals fleeing persecution and torture their right to seek protection in the United States, issue summary removal orders against them, and then falsify documents to support their illegal actions. This case is but...

Sealed, Unpublished CA10 Asylum Victory - "A.B." v. Sessions (Bangladesh, Religious Minorities)

"A.B." v. Sessions - "In light of Petitioner’s recent deportation to Bangladesh and concerns about his safety there, we use fictitious initials to protect his identity. ... The BIA did not cite, and we have not found, any evidence to refute these numerous reports of increased persecution...

New USCIS Memo Threatens Asylum Seekers at Border (July 11, 2018)

USCIS, July 11, 2018 - "Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-"

Punitive 'In Absentia' Immigration Court Rules Hamper Asylum Seekers: Report

Dara Lind, Vox, July 11, 2018 - "A new study blows up Trump’s “catch-and-release” myth. Families seeking asylum often miss their court dates — not because they’re criminals, but because the system is broken. President Donald Trump and other top administration officials...