Ninth Circuit Delves into Asylum-Only Proceedings

The Ninth Circuit has determined that a stowaway who is granted asylum in asylum-only proceedings does not lose his status as a stowaway, but merely gains the additional status of an asylee. As such, if the asylee is convicted of an aggravated felony, it is proper to reopen the asylum-only proceedings. In such circumstances, the asylee cannot apply for adjustment of status with the Immigration Judge, but can apply with U.S. Citizenship and Immigration Services.

The full text of Bare v. Barr can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/16/17-73269.pdf

BIA Determines that Asylee who Adjusts is Subject to Deportability

The Board of Immigration Appeals (Board) has determined that an asylee who has adjusted status to lawful permanent residence has relinquished his asylee status, and can be removed notwithstanding the restrictions on removal of asylees found in section 208(c)(2) of the INA.  The Board noted an applicant voluntarily relinquishes the protections of being an asylee when he adjusts status, and has the option of remaining an asylee indefinitely.

The full text of Matter of N-A-I- can be found here: 

https://www.justice.gov/eoir/page/file/986401/download

Fourth Circuit Defers to BIA's Decision in Matter of C-J-H-

The Fourth Circuit has deferred to the Board of Immigration Appeals' decision in Matter of C-J-H- and determined that the Department of Homeland Security can deport an asylee who adjusted status to lawful permanent residence without first terminating the asylum status.  The court emphasized that the resident can still assert an asylum claim as a defense to removal if appropriate.

The full text of Mahmood v. Sessions can be found here:
http://www.ca4.uscourts.gov/Opinions/Published/161438.P.pdf

Fifth Circuit Addresses Termination of Asylee Status

The Fifth Circuit remanded a case to the Board of Immigration Appeals (Board) to determine if adjustment of status necessarily terminates asylee status.  The court rejected the Board's rationale in Matter of C-J-H- on the issue, finding that the decision relied on case law regarding termination of refugee status, and did not address the regulations governing termination of asylee status.

The full text of Ali v. Lynch can be found here: http://www.ca5.uscourts.gov/opinions/pub/15/15-60004-CV0.pdf