Administrative Law

Download PDF by LandMark Publications: Asylum Applications (Litigator Series)

By LandMark Publications

ISBN-10: 1520425279

ISBN-13: 9781520425276

THIS CASEBOOK features a choice of 198 U. S. court docket of Appeals judgements that study and talk about concerns stemming from asylum functions. the choice of selections spans from 2007 to the date of publication.

American immigration legislation offers 3 basic different types of aid for extraterrestrial beings vulnerable to persecution if again to their domestic international locations: withholding of elimination lower than the I.N.A., eight U.S.C. § 1231(b)(3); withholding of removing less than the United international locations 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 elimination lower than the INA, [§ 1231(b)(3)], an alien needs to convey that it's 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 removing below the conference, [an] applicant [must convey] it really is much more likely than now not that he ... will be tortured if removed...." identification. (citations and inner citation marks omitted). those different types of reduction are essential, only if the applicant has now not rendered himself statutorily ineligible for them. See eight U.S.C. § 1231(b)(3)(A) [Footnote omitted.] ("[subject to enumerated exceptions,] the legal professional normal won't eliminate an alien to a rustic if the legal professional normal comes to a decision that the alien's lifestyles or freedom will be threatened in that kingdom end result of the alien's race, faith, nationality, club in a selected 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 kingdom of removing, the alien is entitled to security below the conference opposed to Torture."). Marouf v. Lynch, ibid.

An alien topic to removing may well 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 selected social team, or political opinion." eight U.S.C. § 1158(b)(1). also, removing of an alien needs to be withheld "if the legal professional common makes 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 crew, or political opinion." eight U.S.C. § 1231(b)(3)(A). An alien can't obtain asylum or withholding of elimination, besides the fact that, if "the alien, having been convicted via a last judgment of a very severe crime, constitutes a possibility 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 selected social team, or political opinion was once or could be not less than one relevant explanation for" 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 safe flooring. Khudaverdyan v. Holder, 778 F.3d 1101, 1106 (9th Cir. 2015). Whistleblowing "may represent political job adequate to shape the foundation of persecution" the place petitioner's whistle blew opposed to corrupt govt officers, Grava v. I.N.S., 205 F.3d 1177, 1181 (9th Cir. 2000), and he used to be exact for persecution because of that political opinion, no matter if real or imputed. See Sagaydak v. Gonzales, 405 F.3d 1035, 1042 (9th Cir. 2005). Lkhagvasuren v. Lynch, (9th Cir. 2016).

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