LexisNexis® Legal Newsroom
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...

CA9 on Asylum, China, Political Opinion: Song v. Sessions

Song v. Sessions, Dec. 18, 2017 - "Xinbing Song, a Chinese citizen, petitions for review of the Immigration Judge’s (“IJ”) and Board of Immigration Appeals’s (“BIA”) denial of his application for asylum, withholding of removal, and protection under the Convention...

Journalists Press Asylum Bid for Detained Mexican Reporter Emilio Gutierrez

National Press Club, Dec. 20, 2017 - "One week after the National Press Club launched their campaign on change.org more than 16,500 people have signed the petition calling for the release of detained Mexican journalist Emilio Gutierrez . On Dec. 22 the National Press Club's Executive Director...

Feds Employ Cruel Tactic in Attempt to Skirt Flores Settlement

Lomi Kriel, Houston Chronicle, Dec. 29, 2017 - "Thirteen-year-old Luis was crying as federal agents ordered him into the government vehicle. Tell your mother goodbye, they said. It was late October, and Blanca Vasquez and her son had only been in the United States for a few hours. They had crossed...

Asylum Victory in Hartford: Matter of R-G- (Death Threats from Gangs in Honduras, El Salvador)

Prof. Jon Bauer writes: "In a case handled by UConn Law School’s Asylum and Human Rights Clinic , a Hartford immigration judge granted asylum to R-G- , a young Salvadoran man who faced death threats from gangs in Honduras and El Salvador. R-G- worked in Honduras as an evangelical minister...

CA9 Orders ICE to Bring Back Mexican Asylum Applicant to US - Mandamus Writ Granted!

Rekha Sharma-Crawford writes: "This case involved the [published] en banc decision in http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/08/13-72682.pdf . [Bringas-Rodriguez v. Sessions] After the remand, DHS deported him 3 days before Christmas on an in absentia order resulting from a hearing...

Unpub. BIA Guatemalan Asylum Victory (Dec. 27, 2017)

Camiel Becker writes: " I am writing to share a recent BIA win by Becker & Lee LLP attorney Melissa Phatharanavik . The case involves a Guatemalan man who was granted withholding of removal due to police corruption in Guatemala. An Immigration Judge in San Francisco granted withholding but denied...

CA6 on Mexico, Asylum, CAT: Trujillo Diaz v. Sessions

Trujillo Diaz v. Sessions, Jan. 17, 2018 - "In this immigration case, Maribel Trujillo Diaz petitions for review of an order denying her motion to reopen removal proceedings. The United States Board of Immigration Appeals (“BIA”) ruled that Trujillo Diaz failed to establish a prima facie...