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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. §...

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...

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...

Definition of Refugee8 USC 1101(a); INA 101(a)(42) The term "refugee" means(A) 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 res...

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...

In December 2004, the United States and Canada agreed to begin the implementation of the Safe Third Country Agreement between the two countries.As a result, most asylum-seekers must apply for asylum in whichever of these two countries they land in first. That ...

INA § 208 (8 USC 1158) AsylumAuthority to apply for asylum1. In generalAny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the Uni...

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...

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...