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HUMANITARIAN/DISCRETIONARY ASYLUM GRANT

Asylum granted for humanitarian reasons in the IJ's discretion, even if the applicant has not met their burden of proof as to the likelihood of future harm but only if the applicant establishes that they suffered past persecution so severe that returning to their country would be inhumane. This is based on compelling reasons arising out of the severity of the past persecution.

    • Relevant Regulation: 8 CFR § 208.13(b)(1)(iii).
    • Relevant Case Law: Matter of Chen, 20 I&N Dec. 16 (BIA 1989) is a key precedent decision establishing the basis for humanitarian asylum due to exceptionally severe past persecution.

Humanitarian Grant Case Law

Humanitarian GrantsMatter of L-S-, 25 I&N Dec. 705 (BIA 2012)(1) An asylum applicant who has esta...

Asylum Grant Discretion & Humanitarian Asylum

If an applicant meets the statutory definition of a refugee and is not subject to any mandatory b...
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