ASYLUM
Asylum Law
Quick Reference
Asylum Quick Reference OutlineI. Definition of a RefugeeMust meet the definition of a "refugee" a...
BASIC
Establishing Eligibility for Asylum
Establishing Eligibility For Asylum Legal Authorities Statutes Immigration and Nationality...
Persecution
What is persecution? Severe harm or suffering May involve physical violence Non-physical v...
Refugee
REFUGEEA refugee is defined at INA §§208(B)(1)(A), 101(a)(42)(A) as:Any person who is outside any...
Definition of Refugee
Definition of Refugee8 USC 1101(a); INA 101(a)(42) The term "refugee" means(A) any person who is ...
Basic Eligibility
INA § 208 (8 USC 1158) AsylumAuthority to apply for asylum1. In generalAny alien who is physicall...
ONE-YEAR FILING DEADLINE
1-Year Filing Deadline8 CFR §1208.4(a)(2)Calculated from the date of the alien's last arrival in ...
Statutes & Regulations
STATUTESAsylumsections 208(b)(1)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §115...
Unable or Unwilling to Protect
Establishing that the government of the home country is unable or unwilling to protect the applic...
CREDIBILITY
Credibility
Credibility When applying for relief or protection from removal, an applicant has the burden of ...
Fourth Circuit Case Law
Fourth Circuit Case Law on Credibility When making an adverse credibility finding, the Court ...
Overturning Asylum Denials Under the Compelling Evidence Standard
The Ninth Circuit routinely overturns asylum denials that should be upheld under the compelling e...
How Can IJ Find Lack of Credibility?
THREE MAIN REASONS1. Lack of DetailIf the Applicant provides answers that lack specific details, ...
Particular Social Group (PSG)
Formulating a successful PSG for asylum. Family Membership LGBT
PSG REGULATIONS
PSG REGULATIONS 8 CFR 208.1(c) Particular social group. For purposes of adjudicating an applica...
LGBT Particular Social Group Cases
LGBT Particular Social Group The applicant must prove that the persecution they fear in the futu...
Recognized PSG's
TESTIFYING AGAINST GANG MEMBER OR OTHERWISE COOPERATING WITH LAW ENFORCEMENT Matter of H-L-S-A-...
Formulating PSG's
Formulating a PSG During the past decade, it has become increasingly important that attorneys fo...
Family Membership
Family Membership as Particular Social GroupPractice Advisories on the TopicPSG practice advisory...
Female Victims of Sexual Violence & Abuse by a Family Member
Membership in a Particular Social Group for Victims of Sexual Violence & Abuse by a Family Member...
Particular Social Groups Generally
Matter of Acosta held that a particular social group is comprised of persons who hold a common, i...
PSG: Individualizes Who Have Testified Against Criminals or Otherwise Cooperated With Law Enforcement
TESTIFYING AGAINST GANG MEMBER OR OTHERWISE COOPERATING WITH LAW ENFORCEMENT Matter of H-L-S-A-, ...
Nexus
Nexus between the PSG and the harm/persecution.
Restrictions on Asylum
Safe Third Country
In December 2004, the United States and Canada agreed to begin the implementation of the Safe Thi...
Safe Third Countries
Dual Citizens Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d Cir. 2022) Case Summary Petition...
Failure to Report
The Second Circuit has remanded an asylum claim for a Honduran woman who had been the victim of f...
Circumventing Lawful Pathway Rule (CLPR)
Withholding of Removal
8 CFR § 208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of ...
HUMANITARIAN/DISCRETIONARY ASYLUM GRANT
Asylum granted for humanitarian reasons in the IJ's discretion, even if the applicant has not met...
CONVENTION AGAINST TORTURE (CAT)
CREDIBLE FEAR & THRESHOLD MATTERS
PRACTICE POINTERS FOR ASYLUM CASES
Representing clients at individual hearings on the merits of their asylum claim.
Corroboration
IJ Must Give Meaningful Notice to the Applicant of Evidence that the IJ Believes to be Significan...
Persecution
Overview of Persecution The BIA has defined “persecution” as “either a threat to life or freedom ...