Asylum and Refugee Law Flashcards

What is the U.S. Refugee Admissions Program (USRAP) and who controls the annual refugee admissions ceiling?

Answer: A State Department-coordinated program; the President sets the annual admissions ceiling in a Presidential Determination after consultation with Congress

USRAP is coordinated by the State Department's Bureau of Population, Refugees, and Migration; the President issues an annual Presidential Determination setting the refugee admissions ceiling after consulting with Congress.

A person fleeing domestic violence seeks asylum based on membership in the PSG 'married women in [country] who are unable to leave their relationship.' Which analysis is most important to the adjudicator?

Answer: Whether the PSG is immutable, defined with particularity, and socially distinct in the applicant's country

PSG-based asylum claims require the adjudicator to determine whether the proposed group is immutable, defined with particularity, and socially distinct; domestic-violence-based PSGs are analyzed under this three-part test.

What is 'nexus' in the context of an asylum claim, and why is it critical?

Answer: The causal link between the persecution suffered or feared and one of the five protected grounds

Nexus requires that the persecution be 'on account of' one of the five protected grounds (race, religion, nationality, PSG, or political opinion); without nexus, even severe harm does not support an asylum grant.

Which standard applies to an application for withholding of removal under INA §241(b)(3), compared to the standard for asylum?

Answer: Withholding requires a higher standard: a clear probability (more likely than not) of persecution

Withholding of removal requires a 'clear probability' that the applicant's life or freedom would be threatened — a 'more likely than not' standard, which is higher than the well-founded fear standard for asylum.

A credible fear interview is conducted for individuals who arrive without documentation or at a port of entry and express a fear of return. Who conducts this interview?

Answer: A USCIS Asylum Officer

USCIS Asylum Officers conduct credible fear interviews to determine whether an individual has a significant possibility of establishing eligibility for asylum or other protection before removal proceedings are initiated.

Which of the following is NOT one of the five grounds of persecution under U.S. asylum law?

Answer: Economic class

The five protected grounds are race, religion, nationality, membership in a particular social group, and political opinion; economic class is not a protected ground under the INA.

After being granted asylum, how long does an asylee have to file a petition (Form I-730) to follow-to-join a qualifying derivative family member outside the United States?

Answer: 2 years from the date of the grant

Under INA §208(b)(3)(B), an asylee must file Form I-730 within two years of the asylum grant to petition for a qualifying spouse or unmarried child under 21 who remains abroad, unless humanitarian reasons justify a late filing.