The Eighth Circuit upheld the BIA’s denial of asylum to the petitioner, finding that a reasonable adjudicator would not be compelled to find that the Guatemalan government was and would be unwilling or unable to protect the petitioner against her daughter’s abusive father.
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In Padilla v. ICE, the court issued a preliminary injunction requiring the government to provide certain detained asylum seekers with a bond hearing within seven days of a bond hearing request and to release those individuals whose detention time exceeds that limit.
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Vox reports on the order issued yesterday by a federal judge in California enjoining the Trump administration from continuing to implement or expand the Migrant Protection Protocols, commonly known as the Remain in Mexico policy. Since late January, the policy has resulted in more than 600 asylum seekers being sent back to Mexico.
Filed under: best deportation attorney | Tagged: asylum, mexican asylum, remain in mexico, tijuana, trump | Leave a comment »
Buzzfeed News reports that USCIS officials plan to propose a regulation that would double the time individuals who apply for asylum must wait before qualifying for a work permit, from 180 to 365 days. The proposal, which is not yet finalized, would apply to both affirmative asylum seekers who apply while already in the United States and to those who apply for asylum after crossing the border and being referred to immigration court.
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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.
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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.
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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.
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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.
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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.
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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.
Filed under: best deportation attorney | Tagged: asylum, border, central america, Detention, trump | Leave a comment »
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 