Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
a federal judge ruled that the Trump administration’s guidelines on asylum-seekers’ initial fear screenings are illegal, vacating the guidance in its entirety and ordering new fear assessments for the individuals who couldn’t clear the guidance’s asylum bar. The judge explained that USCIS had set an unlawfully high standard for individuals to clear during initial asylum screenings, instead of the “low bar” described in immigration law. The manual was vacated and the government was ordered to redo plaintiff’s credible fear interviews.
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Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR released a policy memo (PM 21-01) providing guidance to assist EOIR adjudicators and administrative staff in complying with the requirements of the settlement agreement, effective nationwide, in Mendez Rojas v. Wolf, a suit involving individuals who have filed, or will be filing, an asylum application more than one year after arriving in the United States. Class members are required to file notice of class membership and any accompanying documentation, as set forth in the settlement agreement, on or before March 31, 2022.
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Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit upheld the BIA’s conclusion that the petitioner’s proposed social groups—including Honduran women who have been targeted for and resisted gang recruitment after the murder of a gang-associated partner—were not cognizable.
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Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
AG Barr issued a decision that unwound a Board of Immigration Appeals (BIA) ruling that allowed persecutors to apply for asylum if they could prove they were forced into their bad acts, saying past and present legislation clashed with the exception. This decision eliminated a narrow crack in the “persecutor bar,” which prevents anyone who has participated in the victimization of individuals from seeking asylum in the U.S. This decision vacated a June 2018 order from a split BIA panel, and shifted the burden of proof from DHS to asylum-seekers.
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Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Both agencies officially published the final rule that amends certain criminal aliens from obtaining asylum in the U.S. The Attorney General and DHS secretary exercised their regulatory authority to limit eligibility for asylum for aliens who have engaged in specified categories of criminal behavior.
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Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Trump issued a determination setting the refugee admissions ceiling for FY2021 at 15,000. The ceiling incorporates more than 6,000 unused places from the FY2020 ceiling and also provides regional ceilings and admissions allocations based on category.
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Posted on October 1, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Vacating the BIA’s decision concerning the asylum claims of a Salvadoran woman who had established persecution on account of her membership in a particular social group—“Salvadoran females”—the Attorney General ruled that in reviewing asylum claims, the BIA must examine de novo whether facts found by the immigration judge satisfy all statutory elements of asylum as a matter of law, and that the BIA should meaningfully review each element of an asylum claim before affirming or independently ordering a grant of asylum. Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)
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Posted on September 16, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Granting the plaintiffs’ motion for a preliminary injunction, the U.S. District Court for the District of Columbia barred CBP agents, who receive substantially less training than USCIS asylum officers, from conducting credible fear interviews for asylum seekers.
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Posted on August 12, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the BIA and the immigration judge had misstated the court’s precedent in three ways in determining that the harm the Honduran petitioner had suffered did not rise to the level of past persecution, including by requiring the petitioner to show severe physical harm.
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Posted on August 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Camila Díaz Córdova was deported from the United States despite telling U.S. asylum officers that she feared for her life in her home country. After her return to El Salvador, Díaz was beaten and killed by police officers, three of whom were convicted last week. According to local activists, it was the first time that a Salvadoran court had issued convictions for the killing of a transgender woman
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