Latest in Asylum

Coronavirus

Justice Department Proposes Video Hearings and Delayed Proceedings to Cope With Pandemic

In response to the novel coronavirus pandemic, the Justice Department submitted draft legislation last week asking Congress to implement proposals including allowing judges to toll statutes of limitations during emergencies and relaxing requirements of the Speedy Trial Act. The department also proposes to allow video teleconferencing for preliminary hearings, stating that this would “ensure that defendants are able to access courts shortly after their arrest.”

immigration

Appeals Court Affirms Two Injunctions Against Trump Administration Asylum Policies

On Feb. 28, the U.S. Court of Appeals for the Ninth Circuit issues two rulings affirming nationwide injunctions against two Trump administration immigration policy. One ruling (Innovation Law Lab et al v. Chad Wolf et al) affirmed the injuction against the "Remain in Mexico" and the other (East Bay Sanctuary Covenant v.

Immigration

Supreme Court Stays Asylum Injunction: Signal on the Merits or Procedural Snag?

On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued by the Department of Homeland Security (DHS). The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.

Immigration

National Injunction Ordered for Trump Third Country Asylum Rule

The U.S. District Court for the Northern District of California has reinstated a nationwide ban on a Trump administration rule barring people at the southern border from seeking asylum unless they had previously done so in Mexico or another third country. The U.S. Court of Appeals for the Ninth Circuit had previously ruled that the preliminary injunction against the rule was only enforceable within the Ninth Circuit.

immigration

Injunction on Asylum Ban Applies Only in Ninth Circuit

The U.S. Court of Appeals for the Ninth Circuit ruled on Friday that the injunction against the Trump administration's new asylum rule, which denies asylum to migrants who attempt to enter the U.S. along the southern border without first applying for asylum in a third country through which they traveled, is enforceable only within the Ninth Circuit. The order is available here and below.

immigration

Judge Vacates Trump Asylum Order

Judge Randolph Moss of the U.S. District Court for the District of Columbia vacated on Friday a presidential proclamation barring people who enter the country outside ports of entry from seeking asylum. The policy had been temporarily enjoined by a judge in the U.S. District Court for the District of Northern California. The ruling is available here and below.

Immigration and Nationality Act

Barr Limits Asylum Claims Based on Family Ties

On July 29, Attorney General William Barr overruled a Board of Immigration Appeals decision, writing that most nuclear families do not qualify as “particular social groups” for the purposes of the Immigration and Nationality Act. As a result, individuals persecuted based on their family ties no longer qualify for asylum on that basis. The complete ruling is available here and below.

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