December 17, 2025
Asylum denied: R used his own passport to depart
The BIA denied asylum to a Respondent [R] from Moldova. R was beaten twice by the police in 2021, because of his political opinion. R then lived in peace until he went to the airport to depart. “He testified that he used his passport to depart from the airport in Moldova, and no government official tried to stop him.” Matter of N-P-A- 29 I&N Dec 347 [BIA 2025]
R “ lived for years in Moldova without harm.”
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Moral of the Story
Be prepared to answer these questions:
“Your government has forgotten about you, and no longer is angry, correct?”
“Why didn’t your government arrest you at the airport?”
POSSIBLE REMEDY:
After you departed from your country, did officials ask your family about you?
Have you done anything in the USA to bring yourself to the attention of your government?
Did you pay a bribe at the airport? Was the official at the airport a supporter of your cause? Was he strongly pro-government, or was he just a tired and over-worked employee who did not care who departed? Did the official at the airport have a list of “bad people” who should be arrested?
Did the police department give information to the official, and did he read it?
Dec 2, 2025
Louise Trauma Center received a copy of the FOIA & Privacy Act Case Create Guide, dated July 17, 2023. The guide is 127 pages long, and you may read it yourself on the “Other Materials” page. Below are a few excerpts from the guide.
Summary of the FOIA & Privacy Act Case Create Guide
The USCIS FOIA & Privacy Act Case Create Guide explains how USCIS processes requests for immigration records under the Freedom of Information Act (FOIA)
and the Privacy Act (PA). The guide outlines requirements for verifying the identity of requestors, granting consent, classifying requests, and
managing workflow inside the FIRST system.
Who Can Request Records:
Anyone can request federal records, but access to personal immigration documents requires proper identity verification (VOI) and
Certification of Agreement (consent). Categories include first-party requestors, attorneys and accredited representatives, parents/guardians,
and bond obligors.
Key Requirements:
- Consent: Signed authorization (G-639, G-28, or notarized statement) when someone requests another person’s records.
- Verification of Identity: Full name, DOB or year, place of birth, and signature under penalty of perjury.
- Special rules apply for minors, deceased individuals, guardians, and attorneys.
Processing Tracks:
- Track 1 (Simple): Single document or easily accessible file.
- Track 2 (Complex): Full A-files or records stored offsite.
- Track 3 (Expedited): Urgent need such as upcoming court hearing.
How USCIS Creates a Case:
Staff enter information into FIVE key FIRST sections: Type of Request, Requestor Info, Subject Info, Consent, and Additional Info.
Accuracy determines correct routing and processing time.
Outcomes:
USCIS may issue records, declare “no records,” request missing documents, deny for failure to comply, or refer materials to another
agency such as DOS, CBP, or ICE.
This guide helps ensure FOIA processing is consistent, legally compliant, and transparent for all requestors.
March 25, 2025
Court rules against an applicant from the Republic of the Congo
In Bopaka v. Garland, 123 F.4th 552 (1st Cir. 2024), the First Circuit ruled against the applicant on December 13, 2024.
The applicant said his father was an attorney, but the death certificate said his father was a chauffeur. The applicant said he had no children,
but later said he had a son.
Moral of the Story
To win your asylum case, be consistent. Do not first say one thing and later say something else.
February 18, 2025
Louise Trauma Center received a copy of the Asylum and Protection Law Document (2021), released Sep 9 2021. The guide is 321 pages long, and you may read it yourself on the “Other Materials” page. Below are a few excerpts from the guide.
The Asylum and Protection Law Document (2021) is a reference guide for government attorneys dealing with immigration, asylum, and protection laws. It was prepared by Donald W. Cassidy, ICE, OP LA-ILPD.
Key Contents and Summary:
- Background & Authority: U.S. Constitutional basis; international treaties
- Key Legislation: Refugee Act (1980); IIRIRA (1996); REAL ID Act (2005)
- Forms of Protection: Asylum; Withholding; CAT; TPS
- Legal Standards: Refugee definition; burden of proof; social groups
- Bars to Asylum: Filing deadline; crime bars; transit bars
- Evidence: Credibility; consistency; expert testimony
- Appeals: BIA; federal courts; motions
Conclusion
If you want to see how government attorneys interpret and apply the law, read this.
March 1, 2025
Judge rules in favor of Louise Trauma Center
A federal judge in Washington, DC ruled in favor of the Louise Trauma Center in a Freedom of Information Act (FOIA) lawsuit filed in the
U.S. District Court for the District of Columbia. ICE failed to conduct an adequate search for records. Searches must be “reasonably
calculated to uncover all relevant documents,” ruled the judge.
Congrats to Louise Trauma Center’s pro bono counsel, Dave Cleveland!

