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REGULATIONS 8 CFR §1208.4 Filing the application 8 CFR § 1208.4(a)(4) Changed Circumstances (i) The term “changed circumstances” in section 208(a)(2)(D) of the Act shall refer to circumstances materially affecting the applicant's eligibility for asylum. The...

Fourth Circuit Case Law on Credibility   When making an adverse credibility finding, the Court must provide “specific, cogent reason[s].” Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989). “Examples of specific and cogent reasons include inconsistent statement...

Establishing Eligibility For Asylum Legal Authorities Statutes Immigration and Nationality Act (INA) INA §§ 101(a)(42)(A), 208(b)(1) Title 8 of the U.S. Code Regulations Title 8 of the Code of Federal Regulations (8 C.F.R.) 8 C.F.R. §...

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...

Establishing that the Government is "Unable or Unwilling" to Protect the Respondent  REQUIREMENT An applicant for asylum and withholding of removal has the burden to establish past persecution or fear of future persecution “on account of race, religion, nati...

PSG REGULATIONS 8 CFR 208.1(c) Particular social group. For purposes of adjudicating an application for asylum under section 208 of the Act or an application for withholding of removal under section 241(b)(3) of the Act, a particular social group is one that...

LGBT Particular Social Group The applicant must prove that the persecution they fear in the future is motivated by their actual or imputed membership in a PSG. Since 1994, when Attorney General Janet Reno designated Matter of Toboso-Alfonso as precedent, “hom...

  SECOND CIRCUIT   Resistance to Female Subordination to Male Dominance in El Salvador Hernandez Chacon v. Barr, No. (2d Cir. Jan. 23, 2020): “resistance to the norm of female subordination to male dominance that pervades El Salvador.” • “There is ample e...

Formulating a PSG During the past decade, it has become increasingly important that attorneys formulate PSGs carefully and with a clear understanding of the current law in their jurisdictions. Moreover, since PSG claims are now more likely to result in federa...

Dual Citizens Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d Cir. 2022) Case Summary Petitioners sought review of a December 14, 2018, decision of the Board of Immigration Appeals (the "BIA") affirming a decision of an Immigration Judge (the "IJ") denying ...

Credibility When applying for relief or protection from removal, an applicant has the burden of proof. INA § 240(c)(4)(A). In all applications for relief, the Court must first make a threshold determination of an applicant’s credibility. INA § 241(b)(3)(C); M...

Family Membership Asylum NexusCANNOT BE TARGETING THE FAMILY FOR REASONS UNRELATED TO THEM BEING MEMBERS OF THE SAME FAMILY. The persecution that is targeting a particular family can't be doing so as a means of achieving some other ultimate goal that is unrel...

Family Membership as Particular Social GroupPSG practice advisory_final 7 19 21.pdfNexus_-_Particular_Social_Group_PSG_LP_RAIO.pdfNexusRegardless of whether an asylum applicant seeks protection on account of race, religion, nationality, political opinion, or m...