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Download Asylum Applications (Litigator Series) by LandMark Publications PDF

By LandMark Publications

THIS CASEBOOK features a number of 198 U. S. courtroom of Appeals judgements that examine and talk about matters stemming from asylum purposes. the choice of selections spans from 2007 to the date of publication.

American immigration legislation presents 3 fundamental different types of aid for extraterrestrial beings vulnerable to persecution if lower back to their domestic international locations: withholding of elimination lower than the I.N.A., eight U.S.C. § 1231(b)(3); withholding of elimination less than the United international locations conference opposed to Torture ("CAT"), as supplied in eight C.F.R. §§ 208.16-18; and asylum below 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 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 express] it's much more likely than now not that he ... will be tortured if removed...." identity. (citations and inner citation marks omitted). those types of aid are necessary, 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 lawyer common comes to a decision that the alien's lifestyles or freedom will be threatened in that nation a result of alien's race, faith, nationality, club in a specific social staff, 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 less than 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 crew, or political opinion." eight U.S.C. § 1158(b)(1). also, removing of an alien has to be withheld "if the legal professional basic makes a decision that the alien's existence or freedom will be threatened in that state as a result of the alien's race, faith, nationality, club in a selected social crew, or political opinion." eight U.S.C. § 1231(b)(3)(A). An alien can't obtain asylum or withholding of elimination, even though, if "the alien, having been convicted via a last judgment of a very critical crime, constitutes a threat 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 determine that "race, faith, nationality, club in a specific social staff, or political opinion was once or should be no 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 executive officers, Grava v. I.N.S., 205 F.3d 1177, 1181 (9th Cir. 2000), and he used to be distinct for persecution because 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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