Featured Issue: Asylum Under Trump 2.0
On the first day of his second term, President Trump suspended all entries at the U.S. Southern Border for asylum seekers. Since then, the Administration has implemented sweeping restrictions that shut America’s doors to people fleeing persecution. These policies violate federal law, erode constitutionally protected due process, exacerbate the asylum backlog, and give those seeking safety an increasingly narrow path to protection.
Left unchecked by Congress, these policies will have dire consequences for both asylum seekers and the integrity of our legal system. Asylum seekers—especially those without access to counsel—are at grave risk of being returned to harm.
It doesn’t have to be this way. The Administration can maintain order at U.S. borders and effectively manage migration without sacrificing fairness and adherence to the law. With more trained asylum officers, a streamlined legal process, legal representation for asylum seekers, and more effective coordination between relevant agencies, the U.S. can establish a safe, orderly, and humane asylum system.
Browse the Featured Issue: Asylum Under Trump 2.0 collection
BIA Holds That IJs May Pretermit Asylum and Related Applications That Do Not Establish Prima Facie Eligibility
The BIA held that if factual allegations in a claim for asylum, withholding, or CAT protection, viewed in the light most favorable to respondent, do not prove prima facie eligibility for relief or protection, an IJ may pretermit the applications. Matter of H—A—A—V—, 29 I&N Dec. 233 (BIA 2025)
Practice Alert on Matter of A-B- and Matter of L-E-A-
On September 2, 2025, Attorney General Pam Bondi reinstated two precedent decisions from the first Trump Administration: 1) Matter of A-B- (both "I" from 2018 and "II" from 2021) and 2) Matter of L-E-A-. These decisions restrict asylum eligibility based on domestic violence and family membership.
AILA Recommends a NO vote on H.R. 3486 Stop Illegal Entry Act of 2025
AILA urges a NO vote on H.R. 3486, the Stop Illegal Entry Act, scheduled for a vote in the House on 9/11/25. This bill imposes disproportionately harsh punishments on illegal entry and reentry. Instead of this extreme, costly and ineffective approach, Congress should enact bipartisan solutions.
CA8 Upholds Denial of Motion to Reopen Based on Derivative Citizenship, Competency, and Asylum Claims
The court upheld the BIA’s denial of the petitioner’s motion to reopen, rejecting his derivative citizenship claim, deeming his competency challenge waived, barring his asylum claim under INA §241(b)(3)(B), and finding his T-visa claim moot. (Myers v. Bondi, 9/8/25)
CA4 Remands Guyanese Petitioner’s CAT Claim After Finding BIA Ignored Relevant Evidence
The court vacated the denial of petitioner’s Convention Against Torture (CAT) claim, holding that the BIA abused its discretion by ignoring unrebutted evidence that those who share certain traits of petitioner’s faced an increased likelihood of torture in Guyana. (McDougall v. Bondi, 9/5/25)
The Verdict Is In: Asylum Practitioners Can Count on AILA's Asylum Primer to Help Them Win Cases
According to Lindsay M. Harris, Director of the Frank C. Newman International Human Rights Clinic at the USF School of Law, AILA's Asylum Primer "is chock full of practice pointers and tips to support asylum lawyering. No asylum attorney should be without it!" Order your copy today.
Attorney General Overrules Matter of A–B– III and Reinstates Matter A–B– I and Matter A–B– II
The Attorney General overruled Matter of A–B– III and, by extension, Matter of A–R–C–G– and any decision issued in reliance on it, and reinstituted the legal standards articulated in Matter A–B– I and Matter A–B– II. Matter of S–S–F–M–, 29 I&N Dec. 207 (A.G. 2025)
DHS Notice of U.S.-Uganda Agreement for Cooperation in the Examination of Protection Requests
DHS published the agreement between the U.S. and Ugandan governments for Cooperation in the Examination of Protection Requests, signed on 7/29/25. (90 FR 42597, 9/3/25)
Attorney General Refers Matter of R–E–R–M– & J–D–R–M– to Herself for Review
The Attorney General directed the BIA to refer the case to herself for review of its decision, and for the reasons set forth in the accompanying opinion, remanded the case to the Board for further proceedings. Matter of R–E–R–M– & J–D–R–M–, 29 I&N Dec. 201 (A.G. 2025)
Attorney General Overrules Matter of L–E–A– III and Reinstates Matter of L–E–A– II
The Attorney General overruled Matter of L–E–A– III, and instructed IJs and the BIA to adhere to the holding of Matter of L–E–A– II in all pending and future claims. Matter of R–E–R–M– & J–D–R–M–, 29 I&N Dec. 202 (A.G. 2025)
CA4 Holds That Material-Support Bar Did Not Apply to Petitioner Forced to Cook for Leaders of Terrorist Organization
The court held that the BIA erred in applying the material-support bar to deny the petitioner’s asylum application, finding that petitioner’s cooking was not sufficiently substantial standing alone to help the “Unknown Gunmen” accomplish their terrorist activities. (Ozurumba v. Bondi, 9/2/25)
Attorney General Refers Matter of S–S–F–M– to Herself for Review
The Attorney General directed the BIA to refer the case to herself for review of its decision, and for the reasons set forth in the accompanying opinion, remanded the case to the Board for further proceedings in accordance with her opinion. Matter of S–S–F–M–, 29 I&N Dec. 206 (A.G. 2025)
CA1 Upholds Denial of Cancellation and Withholding to Guatemalan Mother with Three U.S.-Citizen Children
The court upheld the BIA’s determination that petitioner failed to show that her U.S.-citizen children would suffer exceptional and extremely unusual hardship upon her removal for purposes of cancellation, and also upheld the denial of withholding of removal. (Lopez Cano v. Bondi, 8/28/25)
CA10 Holds That BIA Misstated Nexus Standard for Mixed-Motive Asylum Claims
The court held that the BIA’s stated nexus standard for mixed-motive asylum claims was erroneous, because persecution can be “on account of” a protected ground under INA §101(a)(42)(A), even where unprotected grounds also motivated the persecutor. (O.C.V., et al. v. Bondi, 8/26/25)
CA7 Upholds Asylum Denial as to Honduran Petitioner Threatened by Former Leader of Land Cooperative
The court upheld the agency’s denial of asylum and withholding of removal, finding that the petitioner, who was threatened by a former leader of a Honduran land cooperative, failed to show that Honduran authorities were unable or unwilling to protect her. (Martinez-Martinez v. Bondi, 8/14/25)
USCIS Policy Alert (PA 2025-18) on H.R.-1 and Submission of Fees
USCIS updated guidance in its Policy Manual to address fees not eligible for fee waivers in accordance with the One Big Beautiful Bill Act (H.R.-1) and applicable dates for determining the fees and filing deadlines for benefit requests. The guidance is effective 7/22/25. Feedback is due 9/22/25.
BIA Holds That Lack of Corroboration May Be Independent Basis to Deny Asylum or Withholding
The BIA held that a respondent’s nonresponsive and evasive testimony supports an adverse credibility determination, and that lack of corroboration may be an independent basis to find respondent has not shown eligibility for asylum or withholding. Matter of G–C–I–, 29 I&N Dec. 176 (BIA 2025)
CA5 Upholds Asylum Denial as to Venezuelan Opposition Member Shot and Threatened by Paramilitary Group
The court found that the petitioner, who feared persecution by a paramilitary group in Venezuela, failed to establish past persecution from death threats and a gunshot wound or demonstrate a well-founded, objectively reasonable fear of future persecution. (Montiel Rubio v. Bondi, 8/13/25)
CA3 Finds Mexican Petitioner’s Asylum Claim Was Unexhausted and Upholds BIA’s Denial of Cancellation
The court found that the BIA did not abuse its discretion in finding petitioner waived his challenges to the denial of asylum and related relief, upheld the BIA’s denial of cancellation of removal, and held that the BIA properly rejected his due process claim. (Sanchez v. Att’y Gen., 8/15/25)
CA4 Upholds Asylum Denial as to Salvadoran Petitioner Based on Lack of Nexus
The court upheld the agency’s conclusion that petitioner had not been persecuted on the basis of membership in her immediate family, and found there was a lack of nexus between the home invasion she experienced and her status as a single Salvadoran woman. (Rivas de Nolasco v. Bondi, 8/14/25)
DOS Announces Signing of a Safe Third Country Agreement with Paraguay
DOS Secretary announced that the U.S. and Paraguay signed a Safe Third Country Agreement, which would allow the U.S. to send some asylum seekers currently in the United States to Paraguay to pursue their protection claims.
Sample: Habeas Corpus Petition Challenging Detention of Afghan Asylum Seeker
This petition for a writ of habeas corpus is filed for an Afghan man re-detained by ICE after appearing for an immigration hearing while pursuing asylum. It seeks to stop his transfer, challenge the detention, and secure his release. (Petition, Habeas Corpus, Other Pleading)
Sample: Habeas Corpus Petition Challenging Detention of Salvadoran Asylum Seeker
This petition for a writ of habeas corpus is filed for a Salvadoran man re-detained by ICE and placed in expedited removal while pursuing asylum. It seeks to stop his transfer, challenge the removal, and secure his release. (Petition, Habeas Corpus, Other Pleading)
Sample: Habeas Corpus Petition Challenging Detention of Brazilian Asylum Seeker
This petition for a writ of habeas corpus is filed for a Brazilian man re-detained by ICE and placed in expedited removal while pursuing asylum. It seeks to stop his transfer, challenge the removal, and secure his release. (Petition, Habeas Corpus, Other Pleading)
CA7 Upholds Asylum Denial as to Nicaraguan Petitioner Who Supported Anti-Government Protests
The court held that substantial evidence supported BIA’s finding that petitioner, who feared state-sponsored retribution in Nicaragua for supporting anti-Sandinista protesters, failed to show a well-founded fear of future persecution or likelihood of torture. (Rivas-Jarquin v. Bondi, 8/11/25)