LexisNexis® Legal Newsroom
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”...

Singaporean Teen Blogger Amos Yee Granted Asylum, Released from ICE Detention

Sophia Tareen, Associated Press, Sept. 26, 2017 - "A teenage blogger from Singapore was released from U.S. custody on Tuesday following an immigration appeals court's decision to uphold his bid for asylum. Amos Yee, whose online posts mocking and criticizing the Singapore government twice landed...

How Do USCIS Asylum Officers Assess Credibility?

Thanks to a FOIA request by David Cleveland , Senior Volunteer Attorney at Catholic Charities DC, you can read the 2016 credibility training module for USCIS Asylum Officers. Thank you, David!

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...