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 Asylum Seekers Must Prove “More Likely Than Not” Persecution in Third Country to Overcome ACA Bar
The BIA held that respondents subject to an asylum cooperative agreement (ACA) must prove by a preponderance of evidence they will more likely than not be persecuted or tortured in the third country to avoid the safe third country bar. Matter of C–I–G–M– & L–V–S–G–, 29 I&N Dec. 291 (BIA 2025)
Presidential Determination on Refugee Admissions for Fiscal Year 2026
Memorandum for DOS, DHS, and HHS secretaries with the presidential determination of the admission of up to 7,500 refugees in FY2026. Admissions will be primarily allocated to Afrikaners and “other victims of illegal or unjust discrimination in their respective homelands.” (90 FR 49005, 10/31/25)
Presidential Determination on Transferring the United States Program of Initial Refugee Resettlement
Memorandum for DOS and HHS secretaries transitioning the administration of initial resettlement grants and contracts from DOS to HHS’s Office of Refugee Resettlement.
CA4 Finds BIA Failed to Meaningfully Consider Country-Conditions Evidence Regarding Violence Against Women in Honduras
The court held that the BIA abused its discretion by failing to fully consider the country-conditions evidence that the Honduran petitioner put forth to support her claims for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Alfaro-Zelaya v. Bondi, 10/31/25)
USCIS Updates Information for Rosario Class Action Members
USCIS posted updated information regarding the Rosario Class Action for asylum seekers whose requests for EADs have not been adjudicated within the 30-day period. It provides an overview of the class action and inquiry instructions for class members whose EADs have not been adjudicated.
Asylum Cases on Motion to Reopen
This issue-specific page lists published asylum cases that relate to motions to reopen. The page includes published federal court and BIA cases from 2009 to the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Material Support Bar
This issue-specific page lists published asylum cases that relate to the material support bar. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
AILA Law Journal, Vol. 7, Number 2, October 2025
The October 2025 edition of the AILA Law Journal is now available.
Practice Pointer: Pretermission of Asylum Applications: New Case Law and Policy Developments
Practice pointer on new threats to due process regarding expanding efforts to pretermit asylum claims without hearings—citing new BIA precedent and policy targeting Central/South Americans.
Attorney General Reinstates Matter of Negusie, Reaffirming No Duress Exception to Persecutor Bar
The AG vacated the stay of the BIA’s 2021 order and reinstated Matter of Negusie, which held that the bar to asylum eligibility for noncitizens who have engaged or assisted in the persecution of another does not contain a duress exception. Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025)
Call for Examples: Defending Asylum - Collecting Stories for Advocacy (including Dismissals and Pretermissions)
AILA is collecting stories and data of asylum seekers who have been harmed or deeply impacted by changes in policy. We are particularly focused on people whose claims have been dismissed or pretermitted in either USCIS or immigration courts since 1/22/25.
CA9 Upholds IJ’s Adverse Credibility Finding Where Petitioner’s Marriage Fraud Was Not Central to His Asylum Claim
The court held that substantial evidence supported IJ’s adverse credibility finding based on petitioner’s marriage fraud to obtain immigration status, which, although not directly related to his persecution claim, was sufficient for the IJ to find him not credible. (Ani v. Bondi, 10/16/25)
CA10 Remands for Reinstatement of IJ’s Asylum Grant Where BIA Misapplied Clear-Error Standard of Review
The court held that the BIA misapplied the clear-error standard in 8 CFR §1003.1(d)(3)(i) when evaluating the IJ’s factual findings on nexus, internal relocation, and the Honduran government’s ability and willingness to protect the petitioner. (Ramos, et al. v. Bondi, 10/15/25)
Policy Brief: Chaotic Policy Changes Are Ending Access to Asylum in America
The Trump Administration's numerous asylum policy changes over the past year have made it harder for individuals to access lifesaving protections. This brief overviews the consequences of these policy changes and possible reforms to make the asylum system more fair, accurate, and humane.
CA10 Upholds Denial of Asylum to Colombian Petitioners Who Alleged Persecution Based on Political Opinion
The court held that substantial evidence supported the BIA’s denial of asylum, finding that there was no past persecution, nexus to political opinion, or government unwillingness to protect, and concluding that safe relocation was possible within Colombia. (Jimenez, et al. v. Bondi, 10/7/25)
CA3 Remands Where BIA Misapplied Particularly Serious Crime Test and Failed to Address CAT and Waiver Claims
The court found that BIA misapplied the particularly serious crime framework for petitioner’s asylum and withholding claims, failed to properly assess his Convention Against Torture (CAT) claim, and failed to inform him of eligibility for an INA §212(h) waiver. (Amos v. Att’y Gen., 10/1/25)
CA9 Remands Mexican Petitioner's CAT Claim Where BIA Failed to Consider Expert Testimony and Country Conditions
The court held that the BIA failed to give reasoned consideration to extensive expert testimony and country-conditions evidence regarding the risk of torture to the Mexican petitioner, and thus remanded petitioner’s Convention Against Torture (CAT) claim. (Uc Encarnacion v. Bondi, 9/30/25)
CA10 Remands Where BIA Incorrectly Treated Petitioner’s Asylum Appeal as Waived
The court denied the petition for review as to cancellation of removal, but found that the BIA abused its discretion by treating the petitioner’s asylum appeal as waived, and thus remanded for the BIA to address the merits of the petitioner’s asylum appeal. (Rangel-Fuentes v. Bondi, 9/29/25)
BIA Holds That Perceived PSG Membership Requires Cognizable Underlying Group
The BIA held that perceived or imputed membership in a proposed particular social group (PSG) will only satisfy PSG requirements if the underlying group of which respondent is perceived to be a member is, standing alone, sufficiently cognizable. Matter of L–A–L–T–, 29 I&N Dec. 269 (BIA 2025)
Policy Brief: Militarizing Immigration Courtrooms
On August 28, DOJ finalized a new rule that lowers the eligibility standards for temporary immigration judges, increasing concerns about their ability to rule fairly and efficiently while undermining due process. This policy brief explores these new changes and potential impacts.
Policy Brief: USCIS’s Unlawful Asylum Dismissals Increase Government Inefficiency and Harm Asylum Seekers
The Trump Administration is unlawfully fast-tracking deportations for certain asylum seekers, using expedited removal (ER) against people DHS previously admitted on valid visas or paroled into the U.S., despite the ER statute not applying to them, which was confirmed in a recent court ruling.
CA1 Dismisses Asylum Claim and Upholds Denial of Withholding and CAT Protection as to Guatemalan Petitioner
The court dismissed petitioner’s asylum claim for lack of jurisdiction under INA §208(a)(2)(D) and upheld the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief as to petitioner, who was threatened by hooded men in Guatemala. (Zapet-Alvarado v. Bondi, 9/22/25)
BIA Reverses Grant of CAT Deferral as to Applicant Who Cooperated with U.S. Law Enforcement Against Drug Cartel
The BIA found the applicant, who cooperated with law enforcement against CJNG, did not show a clear probability of torture, where his fear was based on unsubstantiated statements from a coconspirator and generalized evidence of cartel violence. Matter of J–C–A–G–, 29 I&N Dec. 331 (BIA 2025)
DHS Notice on New Collection of Social Media Identifier(s) on Immigration Forms
DHS notice and request for comments on a new generic clearance for the collection of social media identifier(s) on immigration forms, in accordance with EO 14161. This will apply to forms N- I-131, I-192, I-485, I-589, I-590, I-730, I-751, and I-829. Comments are due 10/16/25. (90 FR 44693, 9/16/25)
BIA Vacates CAT Deferral Where Record Showed Only Generalized Prison Conditions and Gang Violence in Haiti
The BIA held that the IJ erred in granting the respondent deferral of removal under the CAT where the record contained anecdotal reports of bribery in Haitian prisons and generalized violence by gangs against travelers or outsiders. Matter of W–F–, 29 I&N Dec. 319 (BIA 2025)