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Original Date Announced
April 30, 2019USCIS released revised training guidelines for asylum officers, omitting a paragraph from the previous version that advised interviewers to consider that asylum seekers may not have all the evidence to demonstrate credible fear of persecution upon first arriving in the United States. [ID #95]
Lesson Plan Overview: Credible Fear of Persecution and Torture DeterminationsEffective Date
April 30, 2019Subsequent Trump-Era and Court Action(s)
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October 31, 2020
Kiakombua v. Wolf Opinion
A federal judge in the U.S. District Court for the District of Columbia ruled in favor of several asylum seekers challenging new policies contained in “credible fear” lesson plans for asylum seekers. Pursuant to the order, the lesson plans are vacated in their entirety and the government must bring back, at government expense, the two named plaintiffs who had been deported before the case was filed so that they can be re-screened. The case is Kiakombua v. Wolf, Case No. 1:19-cv-01872 (D.D.C.).
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Other
July 19, 2021DC Circuit Dismissal of Kiakombua v Mayorkas Appeal
This Biden administration action marks the end of its challenge to the court-ordered vacatur of the Trump-era policy identified in this entry.
On July 19, 2021, the D.C. Circuit Court of Appeals granted the Biden administration's motion to voluntarily dismiss its appeal of the district court's vacatur of the Trump-era lesson plans that raised the credible fear standard and dismissed the case. Kiakombua v. Mayorkas (D.C. Cir. 20-5372).
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View DocumentCurrent Status
Not in effectMost Recent Action
July 19, 2021 Action: Other DC Circuit Dismissal of Kiakombua v Mayorkas AppealJuly 19, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: In Litigation Enjoined/VacatedTrump Administration Action: Change in PracticeSubject Matter: Asylum, Withholding and CATAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
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February 13, 2017
Previously, USCIS training guidelines for asylum officers included a notice to officers to bear in mind that asylum seekers may not have all necessary evidence in hand, stating, in part, that "[o]ften times, in the credible fear context of expedited removal and detention, an applicant will not be able to provide additional evidence corroborating his or her otherwise credible testimony."
Lesson Plan Overview: Credible Fear of Persecution and Torture Determinations, February 2017
Commentary
Reuters | New training document for asylum screenings reflects tougher U.S. stance
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