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What is persecution? Severe harm or suffering May involve physical violence Non-physical violence may also constitute persecution Example: deliberate imposition of severe economic disadvantage or deprivation of liberty, food, housing, employment, or edu...

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 ...

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...

IJ Must Give Meaningful Notice to the Applicant of Evidence that the IJ Believes to be Significant and Missing Ming Shi Xue v. BIA, 439 F.3d 111, 122 (2d Cir. 2006) Precedent requires that “before denying an asylum petition because of insufficient corroboratio...

Family Membership as Particular Social GroupPractice Advisories on the TopicPSG practice advisory_final 7 19 21.pdfNexus_-_Particular_Social_Group_PSG_LP_RAIO.pdfCase LawMatter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)If a persecutor is targeting members of a ce...

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...

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...

TESTIFYING AGAINST GANG MEMBER OR OTHERWISE COOPERATING WITH LAW ENFORCEMENT  Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021). Summary of the Facts Mr. H-L-S-A-, the applicant, a Salvadoran national, was removed from the United States pursuant to an in absen...