Louise Trauma Center

FROM THE DESK OF HAN LIN, MANAGER

March 1, 2025

Judge rules in favor of Louise Trauma Center

A federal judge in Washington DC recently 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.
Judge Tanya Chutkan ruled that U.S. Immigration and Customs Enforcement [ICE] had failed to conduct an adequate search for records, in Louise Trauma Center v. U.S. Immigration and Customs Enforcement,
No. 20-cv-3787 (TSC), 2025 WL 637369 (D.D.C., Feb. 27, 2025) ICE conducted searches in the Office of Chief Counsel in Baltimore MD and in Arlington VA. But the search locations and search terms were inconsistent. The Judge ruled that ICE had not conducted searches in accord with the demands of the Freedom of Information Act. Searches must be “reasonably calculated to uncover all relevant documents,” ruled the Judge. Congrats to Louise Trauma Center’s pro bono counsel, Dave Cleveland!

Feb 18 2025

The document “Asylum and Protection Law Document (2021)“ is a reference guide for government attorneys dealing with immigration, asylum, and protection laws, prepared by Donald W. Cassidy from Immigration Customs Enforcement (ICE), OP LA-ILPD. It serves as an unofficial guide based on past legal manuals, case law, and litigation updates from DHS and DOJ attorneys.

Key Contents and Summary:

  1. Background & Authority
    • U.S. Constitutional Basis: Congress has broad authority over immigration law, including asylum and refugee protection.
    • International Treaties: The U.S. follows the 1951 Refugee Convention and 1967 Protocol but is not a direct signatory to the 1951 Convention.
    • Key U.S. Legislation:
      • Refugee Act of 1980: Established modern asylum processes.
      • Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA, 1996): Introduced expedited removal and the one-year asylum filing deadline.
      • REAL ID Act (2005): Introduced stricter credibility and burden-of-proof requirements.
  2. Forms of Protection
    • Asylum (§208): Granted to individuals with a well-founded fear of persecution based on race, religion, nationality, political opinion, or social group.
    • Withholding of Removal (§241(b)(3)): Higher burden of proof than asylum; protects individuals from deportation if it is more likely than not they will face persecution.
    • Convention Against Torture (CAT): Protects individuals from deportation if they are likely to face torture. Unlike asylum, criminals can still qualify for CAT relief.
    • Temporary Protected Status (TPS, §244): Grants temporary stay to individuals from countries facing natural disasters or armed conflicts.
  3. Legal Standards & Definitions
    • Refugee Definition (§101(a)(42)): Someone outside their home country unable to return due to persecution.
    • Persecution: Serious harm inflicted based on protected grounds.
    • Burden of Proof: Different standards apply for asylum (reasonable possibility), withholding (clear probability), and CAT (more likely than not).
    • Social Groups: Includes categories like family-based claims, gender-based violence, LGBTQ+ persecution, and gang-related asylum claims.
  4. Barriers to Asylum
    • One-Year Filing Deadline: Late applications require proof of extraordinary circumstances.
    • Criminal and Security Bars: Serious crimes, terrorism links, or persecution of others disqualify applicants.
    • Third Country Transit Bar: Restricts asylum for those who passed through another safe country without applying for asylum there.
  5. Credibility and Evidence
    • Credibility Assessments: Applicants must provide consistent, detailed, and supported claims.
    • Corroboration: Documentary evidence is preferred but not always required.
    • Expert Testimonies: Can be used to verify conditions in the applicant’s home country.
  6. Judicial Review & Appeals
    • Board of Immigration Appeals (BIA): Reviews asylum decisions.
    • Federal Courts: Limited review for factual determinations but broader review for legal errors.
    • Motions to Reopen/Reconsider: Available for new evidence or legal errors.
  7. Special Topics
    • Gender-Based Asylum Claims: Domestic violence, female genital mutilation (FGM), honor killings.
    • LGBTQ+ Asylum: Social distinction and visibility requirements.
    • Gang & Criminal Organization Persecution: Complex legal landscape due to criminal association concerns.
    • Children & Vulnerable Populations: Special considerations for unaccompanied minors and victims of trafficking.

Conclusion

The document serves as a comprehensive reference for immigration attorneys and government officials, guiding them in applying U.S. and international asylum laws. It emphasizes case law interpretations, procedural guidelines, and evolving legal standards while recognizing limitations in case tracking and potential gaps in coverage.