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Court Holds Asylum Seekers Have Constitutional Right to Federal Court Review of Expedited Removal Orders

The Ninth Circuit reversed the district court’s dismissal of the habeas petition for lack of subject matter jurisdiction, holding that 8 USC §1252(e)(2) violates the Suspension Clause as applied to the petitioner, and remanded the case for the district court to exercise jurisdiction to consider the petitioner’s legal challenges to the procedures leading to his expedited removal order.

Trump Administration Sued over Major Shift in Asylum Policy

The Associated Press reports that the ACLU and other groups filed a federal lawsuit yesterday to block the Trump administration from returning asylum seekers to Mexico while their cases wind through U.S. immigration courts.

“Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico

The Congressional Research Service issued a report about DHS’s Migrant Protection Protocols, commonly known as the Remain in Mexico Policy, that discusses the rollout of the policy and provides analysis related to expedited removal, statutory authority for the policy, and other legal issues.

“If the Police Aren’t Safe Here, What About Us?” Asylum Seekers Fear “Remain in Mexico” Policy

Texas Monthly reports on the initial implementation of the Trump administration’s Remain in Mexico policy, as well as the dangers that individuals seeking asylum in the United States face while they are in Mexico. If fully enforced, the new policy could result in tens of thousands of migrants waiting in Mexican border cities for their cases to be heard in U.S. courts. The Hill reports that the Congressional Hispanic Caucus sent a letter to DHS demanding information about how this new policy is being implemented.

Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.

Young Immigrants Seeking Refuge from Abuse Face Denials

The Associated Press reports on the increase in denials of applications for special immigrant juvenile status following USCIS’s change to how it handles cases involving immigrant children who turned 18 before their paperwork had been completed. Lawsuits have been filed in New York and California to challenge the policy change and denials.

Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful

In a statement to the press about today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A‑B‑ 

Thus, the Courts show that you cannot just arbitrarily and without any reason of law strike down protections against asylum.

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