President Biden issued a determination on October 8, setting the refugee admissions ceiling for FY2022 at 125,000.
https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees
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Filed under: asylum, Asylum Application, Biden Administration | Tagged: asylum, biden, refugee | Leave a comment »
After an adverse ruling from a federal court, the Biden administration has said that it will continue working to end the Remain in Mexico program. The administration said that DHS has appealed the district court’s August 13 decision, but will nevertheless comply with the policy “in good faith” throughout the appeal. Approximately 70,000 migrants were subjected to the program, which required migrants seeking asylum to wait in Mexico until their cases could be heard in the U.S.
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
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Filed under: asylum, Asylum Application, asylum for minors | Tagged: mpp, remain in Mexico policy | Leave a comment »
Haitian President Jovenel Moise was assassinated, further illustrating the credible fear over conditions of insecurity that are forcing thousands of Haitian citizens to make their way to the U.S. in search of asylum. Immigration advocacy organizations sent a letter to Biden and top members of his administration warning of a “political vacuum” left by Moise’s murder could exacerbate violence. The letter says armed gangs control many streets, and kidnap civilians, including schoolchildren and church pastors. In May, DHS announced a new TPS status for Haiti for 18 months. However, this designation only included Haitians already in the U.S. as of May 21, 2021.
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https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
Filed under: asylum, Asylum Application, asylum for minors | Tagged: asylum, haitian president, jovenl moise, TPS | Leave a comment »
Attorney General (AG) Garland issued a decision vacating Matter of A—B— and Matter of A—B— II, as well as a decision vacating Matter of L—E—A— II. DOJ also issued a memo regarding the impact of the vacation of these decisions.
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https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
Filed under: asylum, Asylum Application, U Nonimmigrant Status Certification, U Visa, U Visas | Tagged: ag garlend, asylum, matter of a-b-, matter of lea, victims of violence | Leave a comment »
The Biden administration is housing tens of thousands of migrant children seeking asylum in about 200 facilities, according to confidential data obtained by The Associated Press. The number of children in government custody has more than doubled in the last two months, now totaling close to 21,000. The facilities where the children are being held include at least a dozen unlicensed emergency facilities inside military bases, stadiums and convention centers that sidestep regulations and oversight. Attorneys, advocates and mental health experts say while some of the shelters are safe and provide necessary care, others are putting children’s health and safety in danger.
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https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
Filed under: Abandonment, alien, asylum, Asylum Application, asylum for minors | Tagged: asylum, biden, unaccompanied children | Leave a comment »
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The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.
Filed under: Asylum Application, Immigration Attorney, Immigration Court, Immigration Lawyer, Lawyers have a Duty to Investigate all Grounds for Asylum, USCIS | Tagged: asylum, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Lawyers have a Duty to Investigate all Grounds for Asylum | Leave a comment »
BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010).
Filed under: Applications for Withholding of Removal, Asylum Application, BIA, Immigration Attorney, Immigration Lawyer | Tagged: Applications for Withholding of Removal, Asylum Application, BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Another case in the 9th Circuit re: forced abortion and asylum for the husband:
-Immigration Law-
Attorney general’s interpretation of INA Sec. 101(a)(42)–that statute does not prevent the spouse of a person who has physically undergone a forced abortion or sterilization procedure from qualifying for political asylum–was entitled to Chevron deference. Forced abortion, in which alien was not a willing participant, and alien’s continued attempts to cohabit and marry in contravention of China’s population control policy, in the face of denial of an official marriage license, constituted “other resistance to a coercive population control program” required to establish persecution. Alien established persecution on account of his resistance to a coercive population control policy where he was expelled from school due to his romantic relationship with his future wife, which was legally prohibited; detained after attempting to obtain a marriage license; forced to pay a heavy fine to secure his release; resisted China’s official population control policy of prohibiting underage marriage by organizing and participating in a traditional wedding ceremony; and was forced to go into hiding when authorities arrived at his home and attempted to arrest him on the day of the wedding. Protections of Sec. 101(a)(42)(B) apply to husbands whose marriages would be legally recognized but for China’s coercive family planning policies, and not only to husbands whose marriages are recognized by Chinese authorities.
Jiang v. Holder
Filed under: Asylum Application | Tagged: asylee, asylum, asylum 2.0, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, california asylum attorney, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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