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1-Year Filing Deadline8 CFR §1208.4(a)(2)Calculated from the date of the alien's last arrival in the United States or April 1, 1997, whichever is later.

STATUTESAsylumsections 208(b)(1)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §1158(b)(1).Withholding of removalSection 241(b)(3)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §1231(b)(3)(A).ELIGIBILITYIn order to establish a “well...

REFUGEEA refugee is defined at INA §§208(B)(1)(A), 101(a)(42)(A) as:Any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and w...

“Credible” and “Reasonable” Fear InterviewsFear interviews are part of the expedited removal process. When a person is put into the expedited removal process, if they express a fear of returning to their home country or request to seek asylum, they are first s...

What is the Difference Between Asylum and Withholding of Removal?A person granted asylum is protected from being returned to his or her home country, is eligible to apply for authorization to work in the United States, may apply for a Social Security card, may...

What is the U.N. Convention Against Torture?• An international human rights treaty aimed at preventing torture worldwide.• The U.S. ratified the treaty in 1994.• Under the CAT, the Government cannot send a noncitizen back to a country where it is more likely t...

ASYLUMTo be statutorily eligible for asylum, an applicant bears the burden of establishing that they are a refugee, which requires a showing of past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership ...

Primary Case LawC-G-T, 28 I. & N. Dec. 740 (BIA 2023)(1) Determining whether the government is or was unable or unwilling to protect the respondent from harm is a fact-specific inquiry based on consideration of all evidence.(2) A respondent’s failure to report...

 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) An Immigration Judge is not required to consider an Application for Asylum and for Withholding of Removal (Form I-589) on the merits if it is incomplete, and incomp...

Asylum Quick Reference OutlineI. Definition of a RefugeeMust meet the definition of a "refugee" as defined in the Immigration and Nationality Act (INA).Definition: A person who is outside their country of nationality (or last habitual residence if stateless) a...

Membership in a Particular Social Group for Victims of Sexual Violence & Abuse by a Family MemberMembership in a Particular Social Group (PSG) - PSGs cannot be circular and “must have existed independently of the alleged persecutory acts.” FGM/C was recognized...

If an applicant meets the statutory definition of a refugee and is not subject to any mandatory bars to asylum, the grant of asylum is ultimately discretionary.Discretionary GrantThe Immigration and Nationality Act states that the Attorney General (and by dele...

The Ninth Circuit routinely overturns asylum denials that should be upheld under the compelling evidence standard set forth in 8 U.S.C. 1252 (b)(4) and INS v. Elias-Zacarias, 502 U.S. 478 (1992). The court isolates the individual elements of the adverse credib...

Overview of Persecution The BIA has defined “persecution” as “either a threat to life or freedom of, or infliction of suffering or harm upon those who differ in a way regarded as offensive.” See Matter of Acosta, 19 I&N Dec. 211 (BIA 1985). The BIA and the Sec...

THREE MAIN REASONS1. Lack of DetailIf the Applicant provides answers that lack specific details, dates, times, descriptions of people and what they were wearing, etc. This is probably the most common reason cited. 2. Implausibility The story the Applicant tell...

Matter of Acosta held that a particular social group is comprised of persons who hold a common, immutable characteristic. 19 I&N Dec. at 211. A particular social group must also be defined with particularity and be socially distinct. Matter of S-E-G-, 24 I&N D...

Unlawful Presence INA § 212(a)(9)(B)NOTE: Remember to consider whether INA § 212(a)(9)(C) unlawful presence (the “permanent bar”) would apply. The three- and ten-year bars at INA § 212(a)(9)(B) penalize people who stay too long in unlawful status in the Unite...