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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Asylum 2.0 in effect outside of 9th Circuit
Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions
Posted on July 31, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Jon Tigar issued an order enjoining the government from taking any action continuing to implement the July 16, 2019, DHS and DOJ joint interim final rule, entitled Asylum Eligibility and Procedural Modifications, and requiring the government to return to its pre-rule practices for processing asylum applications, pending final judgment or further order of the court.
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USCIS Acting Director Instructs Asylum Officers to Consider Possibility of Internal Relocation in Home Country for Credible Fear Screenings and Determinations
Posted on July 31, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The acting director of USCIS sent a message to asylum officers instructing them to elicit testimony for credible fear screenings to determine whether asylum seekers who provide evidence of private violence attempted to internally relocate in their home countries prior to traveling to the United States.
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Federal Court Requires Immigration Courts to Continue to Provide Bond Hearings Despite Matter of M‑S‑
Posted on July 8, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Padilla v. ICE, a district court judge issued a decision that requires immigration courts to continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews. The decision is set to take effect on July 16, 2019.
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Trump Administration Ending In-Person Interpreters at Immigrants’ First Hearings
Posted on July 8, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The San Francisco Chronicle reports that the administration is preparing to replace in-court interpreters at initial immigration court hearings with videos informing asylum seekers and other immigrants facing deportation of their rights. Advocates have raised concerns that the move could jeopardize immigrants’ due-process rights, add confusion, and potentially make the system less efficient by causing more individuals to go underground or appeal cases.
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Court Reverses BIA’s Determination on Nexus Requirement for Asylum and Withholding of Removal
Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit vacated the denial of the petitioner’s asylum and withholding of removal claims, reversed the BIA’s determination that the petitioner had failed to establish the required nexus between her persecution and her proposed protected statuses—that is, her membership in the particular social group of unmarried mothers living under the control of gangs in Honduras and her imputed political opinion—and remanded.
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Asylum Officers Union and Former U.S. Officials File Amicus Briefs Condemning Remain in Mexico Policy
Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Two amicus briefs were filed yesterday in Innovation Law Lab v. McAleenan, a case challenging the administration’s Migrant Protection Protocols (MPPs), commonly known as the Remain in Mexico policy. Local 1924 of the American Federation of Government Employees, which represents over 2,500 bargaining unit employees of USCIS, submitted an amicus brief arguing that the MPPs don’t streamline processes, but rather make the system less efficient. In a separate amicus brief, former immigration, national security, foreign policy, and other public officials stated that “the government’s purported justifications for the MPP[s] do not pass muster.”
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House Passes Senate Version Of New Funding To Ease Border Crisis
Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The House passed the Senate-approved border supplemental spending bill, which included significant additional funding for ICE and CBP to house, transport, and provide for the care of migrant detainees, as well as funds to enable the HHS to care for the large numbers of unaccompanied children, among other provisions.
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A 10-Year-Old Migrant Girl Died Last Year in Government Care, Officials Acknowledge
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBS News reports that a government official confirmed a previously unreported death of a 10-year-old girl from El Salvador while she was in the care of an Office of Refugee Resettlement facility last year. She was the first of six migrant children to die in U.S. custody — or soon after being released — in the past eight months.
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residential Memo Seeks to Deny Asylum Seekers Fundamental Human Rights
Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The White House released a presidential memo directing DHS and DOJ to issue regulations that would dramatically alter how asylum seekers obtain protection in the United States and dilute their rights during that process.
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