Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs, those asylum seekers would have arrived in the U.S. before the rule went into effect.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Up until now, the U.S. has been crafting “safe third country”-like agreements with countries like Guatemala, requiring asylum seekers to apply for asylum in those countries if they pass through them on the way to the U.S. The Trump administration published a rule in the Federal Register on November 19 that makes it possible for the U.S. to send asylum seekers to other countries, even if the asylum seeker never passed through those countries. This step is one more that will decrease the amount of asylum seekers coming to the U.S. Under the new rule, asylum seekers being sent to another country will have to prove that “more likely than not,” they will be persecuted in that country- a high bar to pass. The fast-tracked rule was published and made effective on November 19, and is open for comment until December 19.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. and Guatemala made an agreement to send asylum seekers at the U.S. border to Guatemala instead. On Thursday, the first Honduran asylum seeker was sent to Guatemala under the agreement. He had arrived at the border near El Paso, Texas, but was flown to Guatemala. This policy has been criticized, since Guatemala suffers from many of the same dangers as other Central American countries, including gang violence. Because of this, it is unclear how many asylum seekers will be sent to Guatemala or will return to their home countries instead. In this first case, the man has already asked for assistance to return to Honduras from Guatemala.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On November 8, the Trump administration announced a proposal that would increase fees significantly for a range of immigration applications and forms, including citizenship and DACA renewals. The proposal would also institute a $50 fee for asylum applications and a $490 fee for work authorization. The proposal was officially published on November 14 and will have a month-long comment period.
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Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Jon Tigar issued an order restoring the nationwide scope of his July 24, 2019, order enjoining the government from taking any action continuing to implement the July 16, 2019, DHS and DOJ joint interim final rule establishing a mandatory bar to asylum eligibility for persons who transit through a third country and enter or attempt to enter the United States via the southern border without having applied for protection in a third country, pending final judgment or further order of the court
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Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
9th Circuit rules Asylum 2.0 cannot go in effect. At the present time. It would harm those actually applying for asylum.
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Posted on April 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.
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Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS released an updated Affirmative Asylum Scheduling Bulletin as of September 11, 2015. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum and provides the filing dates (month and year) of most asylum applications scheduled for local interviews during that particular month.
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Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that where an applicant filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, and, on or after that date, submitted a subsequent application that is properly viewed as a new application, the later filing date controls for purposes of determining the applicability of INA §208(b)(1)(B)(iii) to credibility determinations. The BIA further held that a subsequent asylum application is properly viewed as a new application if it presents a previously unraised basis for relief, or is predicated on a new or substantially different factual basis.
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Posted on February 24, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes, arguing that the “social visibility” or “particularity” should not constitute part of the social group inquiry.
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