Asylum and Its Discontents in the United States
The reversal rate for BIA cases in all federal circuit courts for 2009 averaged 11.12%, according to the EOIR Immigration Law Advisor, vol. 4, no. 2. The reversal rate has dropped every year for the last four years: 2009 (11.12%), 2008 (12.6%), 2007 (15.3%), and 2006 (17.5%). For aliens appealing adverse BIA decisions, the most difficult circuit court for … Read more
Senators Leahy (D-VT) and Levin (D-MI) introduced the Refugee Protection Act of 2010 (S. 3113) on Monday. The new bill seeks to ensure that legitimate refugees and asylum seekers are protected by the United States. Key provisions of the bill: Increased Protections for Asylum Seekers: Eliminates the requirement that asylum applicants file their claim within one … Read more
Syracuse University’s Transactional Records Access Clearinghouse (TRAC) has issued a new report confirming what immigration attorneys already know: the waiting time for cases in the Immigration Courts is longer than ever. From my experience, a typical case in the over-burdened Arlington, Virginia court takes almost two years. It turns out, Arlington isn’t the slowest court … Read more
When asylum seekers arrive in the United States, they are often unfamiliar with how to file for asylum and how to find help with their cases. Such people commonly hire “consultants” (or “notarios” in the Spanish-speaking community) to assist them. The consultants prepare the case and sometimes attend the asylum interview as an interpreter. They charge a … Read more
Asylum in the United States is meant to be a confidential process. However, it is not uncommon for the BIA and the federal circuit courts to identify asylum seekers by name in their decisions, and to describe the applicants’ claims of persecution. We lawyers sometimes wonder whether anyone in the home country ever learns about … Read more
From Human Rights First: After conducting a comprehensive review of the U.S. immigration adjudication system, the American Bar Association (ABA) Commission on Immigration released is long-anticipated report, “Reforming the Immigration System: Proposals to Promote Independence, Fairness, Efficiency and Professionalism in the Adjudication of Removal Cases.” The study found that pressures on the adjudication system have … Read more
Among lawyers (like me) who practice in the U.S. Court of Appeals for the Fourth Circuit, there has been ongoing speculation about whether the conservative court is moving to the left. AILA’s Immigration Slip Opinions discusses several positive asylum decisions from the last few months, including my case, Baharon v. Holder, 588 F.3d 228 (4th Cir. … Read more