Asylum and Refugee Law Flashcards
7 cards from real CIS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Asylum and Refugee Law flashcards as text
Under U.S. immigration law, which definition of 'refugee' is used to determine eligibility for asylum?
Answer: A person who is unable or unwilling to return to their country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion
The INA §101(a)(42) definition requires that the person face persecution or a well-founded fear of persecution on one of the five protected grounds.
What is the filing deadline for an affirmative asylum application after an applicant's last arrival in the United States?
Answer: 1 year
INA §208(a)(2)(B) requires asylum applicants to file within one year of their last arrival unless an exception applies.
Which agency adjudicates affirmative asylum applications filed by individuals who are NOT in removal proceedings?
Answer: U.S. Citizenship and Immigration Services (USCIS) Asylum Division
Affirmative asylum applications are adjudicated by USCIS Asylum Officers; defensive asylum claims are heard by Immigration Judges within EOIR.
Which form is used to apply for asylum and withholding of removal in the United States?
Answer: Form I-589
Form I-589, Application for Asylum and for Withholding of Removal, is the primary form used for both affirmative and defensive asylum claims.
Under the Convention Against Torture (CAT), what standard must an applicant meet to obtain protection?
Answer: A showing that it is more likely than not the applicant would be subjected to torture by or at the instigation of a public official
CAT protection requires a showing that it is more likely than not the applicant would be tortured by or with the acquiescence of a government official; no nexus to a protected ground is required.
Which of the following is a mandatory bar to asylum eligibility?
Answer: Applicant has been convicted of a particularly serious crime
INA §208(b)(2)(A)(ii) bars asylum for individuals convicted of a particularly serious crime, including an aggravated felony.
What is the legal standard for a 'well-founded fear of persecution' in an asylum claim?
Answer: The fear must be both subjectively genuine and objectively reasonable, with at least a 10% chance of persecution
The Supreme Court in INS v. Cardoza-Fonseca held that a well-founded fear requires subjective genuine fear and an objective basis, as low as a 10% likelihood of persecution.