Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs, those asylum seekers would have arrived in the U.S. before the rule went into effect.

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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Up until now, the U.S. has been crafting “safe third country”-like agreements with countries like Guatemala, requiring asylum seekers to apply for asylum in those countries if they pass through them on the way to the U.S. The Trump administration published a rule in the Federal Register on November 19 that makes it possible for the U.S. to send asylum seekers to other countries, even if the asylum seeker never passed through those countries. This step is one more that will decrease the amount of asylum seekers coming to the U.S. Under the new rule, asylum seekers being sent to another country will have to prove that “more likely than not,” they will be persecuted in that country- a high bar to pass. The fast-tracked rule was published and made effective on November 19, and is open for comment until December 19.

Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The U.S. and Guatemala made an agreement to send asylum seekers at the U.S. border to Guatemala instead. On Thursday, the first Honduran asylum seeker was sent to Guatemala under the agreement. He had arrived at the border near El Paso, Texas, but was flown to Guatemala. This policy has been criticized, since Guatemala suffers from many of the same dangers as other Central American countries, including gang violence. Because of this, it is unclear how many asylum seekers will be sent to Guatemala or will return to their home countries instead. In this first case, the man has already asked for assistance to return to Honduras from Guatemala.

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Posted on April 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.

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Don’t commit fraud with Asylum

Posted on December 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.

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Denial of asylum

Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.

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Refugee and asylum purposes

Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Ninth Circuit upheld the BIA, holding that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding under INA §208(b)(2)(A)(vi) and 8 CFR §208.15 that a North Korean has “firmly resettled” in South Korea.