Notes 1 AILA / Chicago Asylum Office Liaison Meeting Wednesday, 29 October 2008 Offices of the Advocates for Human Rights

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1 Notes 1 AILA / Chicago Asylum Office Liaison Meeting Wednesday, 29 October 2008 Offices of the Advocates for Human Rights In Attendance: Ken Madsen-Director of the Chicago Asylum Office; Nick Milissis- Chicago Asylum Officer, and over 30 AILA members and University of St. Thomas Law School Immigration Law Clinic students. I State of the Office. 1. Case load. Director Madsen reports that there were over 20,000 backlogged asylum cases in 1995; today they have 677 total cases pending at the Chicago AO. As of 01 October, there were only 69 cases pending from Mpls/St. Paul. A great deal of effort has been made to reduce the backlog and to remain current on processing newly-filed cases. 2. Chicago Office Staffing. There are a total of eighteen asylum officers. Eight positions have been recently filled, all of whom are attorneys. Currently, the officers backgrounds consist of: ½ attorneys; ¼ come from other positions with the USCIS; and ¼ come from other unique or unusual backgrounds which make them well-qualified to be asylum officers. 3. Contact Information. See attached contact sheet, provided by Ken Madsen. Ken also commented that he is more than willing to receive direct calls from AILA members about cases and issues of concern. 4. Asylum Officer Training. There is a full time staff member, offering continuous training to asylum officers. There is also 100% supervisory review of all decisions. II Asylum Case Processing Information / Procedures 1. Asylum Interview Schedule. For the near future, asylum interviews are scheduled for November 03 to 07 and 17 to 21; December 01 to 05 and 15 to 19. Interviews will again resume in February 09. In the near future interviews with be processed according to the processing goals explained in #3 below. 2. Asylum Interview Notices. Generally, a computer schedules all asylum interviews 21 days in advance; notices are placed in the mail 3 days later (the 19 th day before the interview). Exception: Rescheduled interviews are calendared as soon as reasonably possible after the rescheduling request is received, thereafter the computer immediately auto-generates the interview notice (which may be less than 21 days). 3. Processing Goals. The goal for Fiscal Year 2009 is to process all asylum applications in six months or less. If you have cases that have been pending for longer than six months, feel 1 Compiled by Michele Garnett McKenzie and Emily Good of Minnesota Advocates, Steven Thal (NACARA section) and Jeff Larson-2008 AILA Asylum Office Liaison. Attachments: AILA Member Questions (compiled prior to the meeting); Chicago Asylum Office Contact Information; Chaly-Garcia Decision and; Langlois Memo.

2 free to fax your case information to Ken Madsen so that they can be processed at the earliest possible time. All back log cases should continue to be slotted-in to current filings for interviews even without cases being brought to Mr. Madsen s attention. 4. Case Decisions / Action. Generally. Once interviewed, applicants who live within a reasonable distance will be called back to the interview location for personal service of the decision by an asylum officer. Those living outside a reasonable distance will receive their decisions by mail. Persons may also request a hardship waiver for personal service based on considerations other than distance. All persons who are personally served will again be fingerprinted in the US-Visit data base. Possible decisions: a. Case granted. Applicants whose cases are granted will receive an asylum-grant packet of information and an I-94 Card; a 2-year EAD should arrive within 2 weeks of service. b. Case referred / Out-of-status applicants. Applicants determined to be out of status, whose case is not granted, will be called-in before an asylum officer who will personally serve the decision/referral notice and NTA. Applicants with sign the back of the NTA and will likely be processed as an expedite case (less than 180 days from between application and IJ decision, thereby prohibiting employment authorization). c. NOID / In-status applicants. Anyone in status will continue to receive a case decision by mail (i.e. TPS; F-1 students; nunc pro tunc applicants-since nunc pro tunc applicants are considered to be in status as an asylee until their status is revoked). In-status applicants will continue to receive a NOID (Notice of Intent to Deny) and be given a 16 day period in which to respond before a final decision is made. 5. Case Status Inquiries. Case status inquiries are still be accepted by at; Chicago.asylum@dhs.gov. There is no definite time by which a response must be received. Often, case files must be requested from a different locations and brought to the asylum office before the matter can even be studied and responded-to. You may follow-up an inquiry with a telephone call. 6. Asylum Interviews at Chicago. Circuit trips are anticipated on amore regular basis to Minnesota, and all newly-filed cases to be scheduled for an interview within 2 months of receipt thereby likely obviating the need for interviews in Chicago. It currently takes III Refugee Processing Chicago Asylum Office is not directly involved with refugee processing. NGO s put forth pre-screened refugee applications for approval by the USCIS. IV NACARA Processing in light of Chaly-Garcia v. U.S., 508 F.3d 1201 (9th Cir.2007) Contact Ed Jeszka for scheduling, Ken Madsen for substantive questions. There are currently less than 200 NACARA cases pending at the Chicago AO. Under guidance from Asylum Office Headquarters of August 5, 2008 (AILA Doc. No ), the filing of the I-589 during certain dates is considered sufficient evidence to prove ABC registration to qualify for NACARA benefits. For a Guatemalan national

3 the dates for asylum filing are between December 19, 1990 and December 31, 1991, and for a Salvadoran national between December 19, 1990 and October 31, They are processing cases under this rule, some had been held waiting for the rule. If someone was denied, but should have qualified because I-589 was filed during the period, the AO would take the case back and review - should file a Motion to Reopen if this is the case. If person is already out of U.S. (removal) then nothing they can do. (Note there may be cases that had been referred earlier to the Immigration Court where Chaly-Garcia may not have been addressed. Practioners should screen any referred asylum cases for NACARA eligibility under Chaly-Garcia.) Adjudication of 589/881: brief asylum application, go over the I-589 biographic information, go over the asylum story, review the 881 for NACARA simultaneously. If NACARA denied, will issue a 30 day ABC NOID on the NACARA denial and then both decisions (NACARA & asylum) should be issued at the same time. Person can be granted asylum AND NACARA. (Note, generally the AO will ask that the asylum application be withdrawn if NACARA is going to be granted. However, there are some situations where derivative family members may benefit from an asylum grant if the derivative family members don't qualify for NACARA. Practioners should take note of those cases and insist on an asylum adjudication even if NACARA will be granted to the principal applicant.) Case should not be referred to the IJ until the 589 has been adjudicated. Not able to do same-day adjudication because the level of officer experience with NACARA is low and if it is complicated, referred to HQ or Ken Madsen. V Nunc Pro Tunc Issues Once granted, a person remains an asylee until their status is expressly revoked by the USCIS, even if they must file a nunc pro tunc application for asylum. Persons who might file a nunc pro tunc applications for asylum would be derivative asylees, such as spouses or children of a principal asylum applicant where the relationship with the principal no longer exists (divorce, death, marriage of a child). If the application was filed and granted before August 6, 2002 (the effective date of CSPA the Child Citizenship and Protection Act) nunc pro tunc would be needed for a child who is now 21 to be eligible to adjust. Applications pending or filed on or after the CSPA effective date allow children over 21 to adjust without nunc pro tunc as long as they were under 21 at the time of filing. At nunc pro tunc interview, officer is looking to confirm identity, confirm the relationship to the principal applicant, and that the applicant is not barred by law. It does not matter if the principal and derivative are nationals of different countries. There would be a problem with a nunc pro tunc application if there had been fraud in the initial application by the principal such as a fraudulent claim or fraudulent claim to relationship. In this case, the service has the burden to show that there was fraud in the initial application at the time of the application. The nunc pro tunc applicant will receive a Notice of Intent to Terminate and have an opportunity to respond. If denied, the case would be referred to the Immigration Court. Nunc Pro Tunc applications can continue to be filed directly with the Chicago AO, can be filed with Nebraska Service Center as well, but more efficient to file directly with Chicago. If you know a child will need to do nunc pro tunc, do not need to wait until child turns 21 to file nunc pro tunc application. VI Miscellaneous Issues

4 1. Simultaneous asylum applications as principal and derivative applicant. Although it can legally be done, the mail contractor (receiving mail) with not recognize this request when receipting the applications since the computer cannot show both statuses and the Chicago Asylum office will not even look at any substantive issues (dual application) until the time of the interview. Two applications should be filed. If two separate interview dates are scheduled, bring this to the attention of the asylum office so they can be consolidated. Thereafter, bring the dualstatus of the applicant to the asylum officer s attention at the time of the interview. 2. Asylum Office Overseas Investigations. Overseas investigations are occasionally conducted at the request of the asylum office, however they are conducted only through headquarters in D.C. or by the Department of State. Maintaining the confidences of the applicant is always a concern. 3. Use of Country Information. The asylum office should only use public sources for country information, used in its decision making. If the asylum office uses non-public sources, a copy of the information must also be given with the decision. 4. One Year Filing Deadline Exceptions. Examples of exceptions to the deadline: a. Unaccompanied minors are routinely not held to the one-year deadline; b. Persons faced with extraordinary circumstances the extraordinary circumstance must occur within the 1 st year in the U.S. c. Persons who file within a reasonable period of time after falling out of status. More than 6 months is not a reasonable period; other determinations of reasonable period look at individual circumstances and take into account the person s knowledge. Eg: a person who had a friend who had filed for asylum, the person was well educated, and knew about the process would have a different expectation of reasonable than someone without knowledge of asylum and lack of English skills. c. F-1 students in status but an F-1 student who falls out of status and is then reinstated to F-1 status will not be considered to have timely filed an application if the application is filed during the period of reinstated F-1 status (as compared to the initial status period, prior to reinstatement) d. Persons who file an application within the 1 year deadline which is denied and who file another application within a reasonable period of time after notice of the 1 st denial. 5. Terminations. If the principal is terminated, the derivate is terminated also. A derivative can file on their own, but would need to follow up on getting filed within a reasonable time to potentially qualify as timely filed. Would be considered as an exceptional circumstance excuse to 1 year deadline (because had been in valid asylum status) if filed within reasonable time after termination. Termination interviews receive 30 days notice and a notice of the grounds for termination. Majority are for aggravated felony convictions. 6. Bars: The Asylum Office does not consider 2 CIMT s to be a bar to asylum.

Asylum Office Liaison meeting, Ken Madsen 12/08/10. Changes at the Asylum Office/Updates/Contact Info

Asylum Office Liaison meeting, Ken Madsen 12/08/10 Changes at the Asylum Office/Updates/Contact Info There were 10,000 files 8 officers in 1990 650,000 cases pending, 24 officers at one point 15 officers