Court filing
ICE OPLA Updated Guidance on Transit Asylum Ban IFR (Dkt. 65-3) — East Bay Sanctuary v. Barr (N.D. Cal.)
Filed August 29, 2019 in East Bay Sanctuary v. Barr; one of 69 filings from this case.
Record facts
| Court | U.S. District Court, Northern District of California |
|---|---|
| Filed | 2019-08-29 |
U.S. District Court, Northern District of California · No. 4:19-cv-04073-JST · Doc. 65-3 · 2019-08-29 · Docket on CourtListener
Full text
From: To: OPLA HQ Personnel; OPLA Field Personnel Subject: Broadcast Message: UPDATED GUIDANCE - Asylum Eligibility and Procedural Modifications IFR Date: Tuesday, August 27, 2019 5:21:18 PM ***PRIVILEGED***ATTORNEY WORK PRODUCT***FOR OFFICIAL USE ONLY***NOT FOR DISSEMINATION OUTSIDE OPLA*** Disseminated on behalf of … This is an update to clarify prior guidance concerning the applicability of Asylum Eligibility and Procedural Modifications, 84 Fed. Reg. 33829 (July 16, 2019) (to be codified at 8 C.F.R. §§ 208.13(c)(4), 1208.13(c)(4)) (the “IFR”). The bar to asylum created by the IFR only applies to an alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien’s country of last citizenship, nationality, or last habitual residence en route to the United States, unless an exception applies. Accordingly, the date of the alien’s entry or attempted entry controls application of the IFR, not the filing date of the alien’s asylum application. As explained in the prior guidance below, on July 24, 2019, a U.S. district court preliminary enjoined the IFR on a nationwide basis, but that preliminary injunction (PI) was later limited by the U.S. Court of Appeals for the Ninth Circuit to apply only within the Ninth Circuit itself. See East Bay Sanctuary Covenant, et al. v. Barr, --- F.3d ---, 2019 WL 3850928 (9th Cir. Aug. 16, 2019). In order to ensure compliance with the PI, as modified, and mitigate further litigation risk, OPLA will consider the PI to apply in situations where the alien: (i) was initially apprehended by DHS within the jurisdiction of the Ninth Circuit; (ii) is detained within the Ninth Circuit at the time of adjudication of the asylum application; or (iii) was initially located outside the Ninth Circuit but whose asylum application is subsequently adjudicated within the Ninth Circuit. OPLA will not consider the injunction to apply to aliens with less attenuated connections to the Ninth Circuit, such as where an alien merely visited or traveled through the Ninth Circuit or was temporarily detained in the Ninth Circuit but transferred elsewhere prior to adjudication of his or her asylum application. With respect to asylum applications that were adjudicated by an immigration judge outside the Ninth Circuit between July 24, 2019 and August 16, 2019 to which the IFR would have applied had it not been preliminarily enjoined by the district court during that specific time period: For Administratively Final Grants of Asylum: For Non-Final Grants of Asylum: Case 4:19-cv-04073-JST Document 65-3 Filed 08/29/19 Page 1 of 7 Case 4:19-cv-04073-JST Document 65-3 Filed 08/29/19 Page 2 of 7 Case 4:19-cv-04073-JST Document 65-3 Filed 08/29/19 Page 3 of 7 Case 4:19-cv-04073-JST Document 65-3 Filed 08/29/19 Page 4 of 7 Case 4:19-cv-04073-JST Document 65-3 Filed 08/29/19 Page 5 of 7 Case 4:19-cv-04073-JST Document 65-3 Filed 08/29/19 Page 6 of 7 Case 4:19-cv-04073-JST Document 65-3 Filed 08/29/19 Page 7 of 7
File and source
- File
- gov.uscourts.cand.344869.65.3.pdf
- Size
- 400,214 bytes
- SHA-256
- 0f026edf4e7aeb71689dbb611437d2fceee0675d0a96f3c741d4c5443d2ba903
- Original
- archive.org