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Asylum Grant Discretion & Humanitarian Asylum
If an applicant meets the statutory definition of a refugee and is not subject to any mandatory b...
Corroboration
IJ Must Give Meaningful Notice to the Applicant of Evidence that the IJ Believes to be Significan...
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...
Quick Reference
Asylum Quick Reference OutlineI. Definition of a RefugeeMust meet the definition of a "refugee" a...
Asylum Application Requirements
Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025) Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025)(1) A...
Unable or Unwilling Case Law
Primary Case LawC-G-T, 28 I. & N. Dec. 740 (BIA 2023)(1) Determining whether the government is or...
Points to Address At Hearing
ASYLUMTo be statutorily eligible for asylum, an applicant bears the burden of establishing that t...
Persecution
What is persecution? Severe harm or suffering May involve physical violence Non-physical v...
What is the Convention Against Torture?
What is the U.N. Convention Against Torture?• An international human rights treaty aimed at preve...
Differences Between Withholding & Asylum
What is the Difference Between Asylum and Withholding of Removal?A person granted asylum is prote...
Withholding of Removal
§ 208.16 Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal ...
Credible Fear Interviews
“Credible” and “Reasonable” Fear InterviewsFear interviews are part of the expedited removal proc...
Withholding Only Proceedings
Statutes & Regulations
STATUTESAsylumsections 208(b)(1)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §115...
Refugee
REFUGEEA refugee is defined at INA §§208(B)(1)(A), 101(a)(42)(A) as:Any person who is outside any...
ONE-YEAR FILING DEADLINE
1-Year Filing Deadline8 CFR §1208.4(a)(2)Calculated from the date of the alien's last arrival in ...
8 U.S.C. § 1227(a)(2) Criminal Grounds of Removability
(A) General crimes(i) Crimes of moral turpitudeAny alien who-(I) is convicted of a crime involvin...
Basic Eligibility
INA § 208 (8 USC 1158) AsylumAuthority to apply for asylum1. In generalAny alien who is physicall...
Safe Third Country
In December 2004, the United States and Canada agreed to begin the implementation of the Safe Thi...
Exceptions to Circumvention of Lawful Pathways Rule
Exceptions to the Circumvention of Lawful Pathways RulesThe rule makes the right to seek asylum c...