Here’s the OPLA analysis of “asylum law after Matter of A-B-:”
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- At least at first reading, the OPLA memo seems like a more neutral legal analysis than the USCIS “Sessions told us to shoot ’em all on sight” memo:
- On its face it also seems like a much less biased analysis than the anti-asylum, anti-woman, anti-Hispanic screed that Sessions spewed forth in Matter of A-B-;
- OPLA appears to be emphasizing that each claim must be individually evaluated and examined, rather than the idea promoted by Sessions and USCIS that all women from Central America and all Central Americans fleeing gang violence or domestic violence should be presumptively denied with only a few exceptions;
- Does this mean that there is an internal split within DHS?
- Interestingly, the OPLA memo specifically reserves judgement on “gender as a particular group” claims;
- Of course, if Sessions and Cissna have their way nobody will ever get to Immigration Court to claim asylum, because nobody will get out of the now-gamed “credible fear” process, so perhaps OPLA’s views won’t have much effect.
- How bad and biased are Sessions and Cissna? That ICE’s OPLA, the head of all the ICE prosecutors, sounds more reasonable should tell you all you need to know!
- It’s also worth remembering that OPLA and the DHS General Counsel actually led the years-long effort to provide protection for victims of domestic violence that Sessions, without any reasonable explanation, reversed in Matter of A-B-.
- Stay tuned!
Pauls says, “It’s also worth remembering that OPLA and the DHS General Counsel actually led the years-long effort to provide protection for victims of domestic violence that Sessions, without any reasonable explanation, reversed in Matter of A-B-.”
That’s not true. Sessions invalidated a poorly written precedent that made domestic violence a persecution ground without going through the process for evaluating a persecution ground that was required by Board precedent. For a more complete explanation, see my article, “Domestic abuse decision doesn’t change asylum law, just applies it correctly,”
http://thehill.com/opinion/immigration/392409-sessions-domestic-abuse-decision-didnt-change-asylum-law-just-applied-it
Paul says, “Of course, if Sessions and Cissna have their way nobody will ever get to Immigration Court to claim asylum, because nobody will get out of the now-gamed “credible fear” process, so perhaps OPLA’s views won’t have much effect.”
No, it won’t happen that way. Trump is going to issue a 212(f) executive order that will suspend asylum relief as a matter of discretion which will follow the formula provided by the Supreme Court in its travel ban decision.
Aliens who say they fear persecution or torture will be offered a free trip to a refugee camp.