New PDF release: Asylum Applications (Litigator Series)

By LandMark Publications

THIS CASEBOOK incorporates a choice of 198 U. S. court docket of Appeals judgements that learn and speak about concerns stemming from asylum purposes. the choice of selections spans from 2007 to the date of publication.

American immigration legislation offers 3 fundamental types of aid for extraterrestrial beings susceptible to persecution if back to their domestic nations: withholding of removing below the I.N.A., eight U.S.C. § 1231(b)(3); withholding of elimination below the United countries conference opposed to Torture ("CAT"), as supplied in eight C.F.R. §§ 208.16-18; and asylum lower than eight U.S.C. § 1158. Marouf v. Lynch, 811 F. 3d 174 (6th Cir. 2016).

"To succeed on a petition for withholding of removing lower than the INA, [§ 1231(b)(3)], an alien needs to express that it really is much more likely than now not that he will be topic to persecution ... have been he faraway from this country." Shkulaku-Purballori v. Mukasey, 514 F.3d 499, 503 (6th Cir.2007) (citations and inner citation marks omitted). "[T]o be eligible for withholding of elimination below the conference, [an] applicant [must convey] it really is much more likely than no longer that he ... will be tortured if removed...." identity. (citations and inner citation marks omitted). those sorts of aid are needed, only if the applicant has no longer rendered himself statutorily ineligible for them. See eight U.S.C. § 1231(b)(3)(A) [Footnote omitted.] ("[subject to enumerated exceptions,] the lawyer basic would possibly not get rid of an alien to a rustic if the lawyer basic comes to a decision that the alien's lifestyles or freedom will be threatened in that nation as a result of alien's race, faith, nationality, club in a specific social workforce, or political opinion...."); eight C.F.R. § 208.16(c)(4) ("If the immigration pass judgement on determines that the alien is much more likely than to not be tortured within the nation of elimination, the alien is entitled to safeguard below the conference opposed to Torture."). Marouf v. Lynch, ibid.

An alien topic to removing could receive asylum if he's a refugee that suffered previous persecution, or fears destiny persecution, as a result of "race, faith, nationality, club in a specific social workforce, or political opinion." eight U.S.C. § 1158(b)(1). also, elimination of an alien has to be withheld "if the lawyer normal makes a decision that the alien's lifestyles or freedom will be threatened in that state as a result of the alien's race, faith, nationality, club in a specific social team, or political opinion." eight U.S.C. § 1231(b)(3)(A). An alien can't obtain asylum or withholding of removing, in spite of the fact that, if "the alien, having been convicted by way of a last judgment of a very critical crime, constitutes a hazard to the group of the United States." § 1158(b)(2)(A)(ii) (asylum); see additionally § 1231(b)(3)(B)(ii) (withholding of removal). Samba v. Lynch, (5th Cir. 2016).

A petitioner looking asylum needs to identify that "race, faith, nationality, club in a specific social team, or political opinion was once or might be no less than one valuable reason behind" persecution that the govt is not able or unwilling to regulate. eight U.S.C. § 1158 (b)(1)(B)(i). The petitioner has the weight to end up nexus exists among the persecution and a secure flooring. Khudaverdyan v. Holder, 778 F.3d 1101, 1106 (9th Cir. 2015). Whistleblowing "may represent political job enough to shape the root of persecution" the place petitioner's whistle blew opposed to corrupt executive officers, Grava v. I.N.S., 205 F.3d 1177, 1181 (9th Cir. 2000), and he was once special for persecution as a result of that political opinion, no matter if genuine or imputed. See Sagaydak v. Gonzales, 405 F.3d 1035, 1042 (9th Cir. 2005). Lkhagvasuren v. Lynch, (9th Cir. 2016).

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