The Asylum Seeker Advocacy Project (ASAP) prepared “Vindicating the Rights of Asylum Seekers at the Border and Beyond: A Guide to Representing Asylum Seekers in Expedited Removal and Reinstatement of Removal Proceedings” after assisting hundreds of asylum seeking women and children. While the guide is informed by our experience in the family detention context, the information is relevant to any asylum seeker in expedited removal or reinstatement of removal proceedings.
The guide includes tips for credible and reasonable fear interviews (CFIs/RFIs), immigration judge (IJ) review of negative interview results, requests for re-interview or reconsideration (RFRs), and more. We hope this guide will be used by advocates working with asylum seekers at the border and beyond.
Please note: This guide was finalized in early June 2018, just before the Attorney General’s decision in Matter of A-B-, 27 I. & N. Dec 316 (A.G. 2018), which overruled Matter of A-R-C-G-, 26 I. & N. Dec. 338 (BIA 2014). Advocates assisting asylum seekers in expedited removal proceedings should take care to review the latest legal standards in light of Matter of A-B- and subsequent developments. One great resource for up-to-date information is the Center for Gender and Refugee Studies. In particular, advocates should be aware of the January 2019 USCIS and EOIR guidance on credible fear interviews and reviews issued in response to the federal court decision Grace v. Whitaker, No. 18-cv-01853 (D.D.C. Dec. 19, 2018, Sullivan, J.).