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USCIS Responds to Ombudsman Asylum EAD Clock Recommendations

A 1/4/12 memorandum from Lori Scialabba, USCIS Deputy Director, responding to the USCIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/obtaining-asylum-in-the-united-states

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CA5 Finds No Jurisdiction to Review Termination of Asylum

The court found that termination of asylum under 8 CFR §208.24 does not “mark the consummation of a decision-making process” and is therefore, not a final agency action for purposes of APA jurisdiction.

CA3 Rejects “Social Visibility” and “Particularity” Concepts in Asylum

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent with prior decisions and rejected it without a reason for adopting the requirements.

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent requirements

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent with prior decisions and rejected it without a reason for adopting the requirements.

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CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants

The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate.

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https://californiaimmigration.us/asylum/

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Petitioners’ Motion to Remand denied

The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)

Petitioners’ Motion to Remand denied

The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)

Lawyers have a Duty to Investigate all Grounds for Asylum

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.