December Asylum Update
Background Information: U.S. Asylum claims are based on persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. (INA section 101(a)(42)(A))
Recent Development (December 17-19, 2018): Federal Judge Emmet Sullivan for the U.S. District Court in Washington ordered asylum seekers be given another chance at the credible fear interview/making their asylum claim due to it finding that the (prior) Attorney General Jeff Sessions's decision (in June 2018)- to generally exclude persecution based on gang violence and domestic violence as grounds for asylum- to be "arbitrary and capricious and in violation of immigration laws." (p.107 of opinion in Grace v. Whitaker) This decision came from an ACLU lawsuit on behalf of 12 asylum seekers who were deemed to have credible accounts, but due to the new standards set by AG Sessions were found to be ineligible for asylum and were ordered removed from the U.S. The ruling not only stops the government from applying the standard under Sessions, but also gives those affected asylum seekers a new chance at the credible fear interview, regardless if they are still in the U.S. or have already been removed. The order goes further stating that the U.S. government must bring back to the U.S. those Plaintiffs already removed from the U.S. at no expense to the alien.
The Trump Administration is seeking an injunction from the U.S. Court of Appeals to prevent the Judge's order from going into effect.
If you fear returning to your country and wish to remain in the U.S., you may want to contact and immigration attorney who handles asylum cases for assistance. The Law Offices of Rebecca Carcagno, PLLC will provide you a free consultation regarding your case. You may contact the firm through the website, through email rcarcagno@myimmigrationattorneynow.com or by phone (734) 999-0360.
***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***
Sources:
(1) https://www.nbcnews.com/news/latino/asylum-seekers-elated-after-judge-strikes-down-trump-rules-n950116
(2) https://www.vox.com/2018/12/19/18148610/immigration-asylum-domestic-gang-violence-trump
(3) https://www.aclu.org/legal-document/grace-v-whitaker-opinion
(4) https://www.documentcloud.org/documents/5637284-Grace-v-Whitaker-Order.html
(5) https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1687.html
Rebecca Carcagno Rodriguez
The Law Offices of Rebecca Carcagno, PLLC
3830 Packard St
Suite 240
Ann Arbor, MI 48108
