LandMark Publications's Asylum Applications (Litigator Series) PDF

By LandMark Publications

ISBN-10: 1520425279

ISBN-13: 9781520425276

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

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

"To be successful on a petition for withholding of elimination less than the INA, [§ 1231(b)(3)], an alien needs to express that it really is much more likely than no longer 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 less than the conference, [an] applicant [must exhibit] it truly is much more likely than now not that he ... will be tortured if removed...." identification. (citations and inner citation marks omitted). those varieties of aid are obligatory, 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 normal won't eliminate an alien to a rustic if the lawyer normal comes to 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 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 state of removing, the alien is entitled to defense below the conference opposed to Torture."). Marouf v. Lynch, ibid.

An alien topic to elimination might receive asylum if he's a refugee that suffered previous persecution, or fears destiny persecution, because of "race, faith, nationality, club in a selected social crew, or political opinion." eight U.S.C. § 1158(b)(1). also, elimination of an alien needs to be withheld "if the lawyer common comes to a decision that the alien's existence or freedom will be threatened in that nation as a result of the alien's race, faith, nationality, club in a selected social team, or political opinion." eight U.S.C. § 1231(b)(3)(A). An alien can't obtain asylum or withholding of removing, even if, if "the alien, having been convicted through a last judgment of a very critical crime, constitutes a hazard to the neighborhood 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 crew, or political opinion used to be or might be not less than one crucial 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 safe flooring. Khudaverdyan v. Holder, 778 F.3d 1101, 1106 (9th Cir. 2015). Whistleblowing "may represent political job enough 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 was once specific for persecution because of that political opinion, even 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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