Asylum and Refugee Law Flashcards

Which of the following constitutes 'persecution' for purposes of an asylum claim?

Answer: Threats of death or serious physical harm carried out by the government or a group the government is unable or unwilling to control

Persecution requires serious harm inflicted by the government or by forces the government cannot or will not control; mere discrimination or economic hardship typically does not rise to this level.

A derivative asylum beneficiary is eligible to receive asylum based on which relationship to the principal applicant?

Answer: Spouse and unmarried children under 21 who are in the United States

Under INA §208(b)(3), the spouse and unmarried children under 21 of an asylee may be granted derivative asylum if they were included in the application or if a separate Form I-730 is filed.

What is 'withholding of removal' and how does it differ from asylum?

Answer: It prevents removal to a specific country if the applicant's life or freedom would be threatened on a protected ground, but does not lead to permanent residence or derivative benefits

Withholding of removal under INA §241(b)(3) bars removal to a specific country but does not grant derivative benefits, lead to a green card, or prevent removal to a third country.

Which of the following scenarios qualifies as membership in a 'particular social group' (PSG) under asylum law?

Answer: Young men from a specific country who refuse to join criminal gangs, if the group is recognized as socially distinct and defined with particularity

A PSG must be (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct in the relevant society; a recognized anti-gang group can qualify if all three criteria are met.

If an asylum applicant has a firm resettlement offer from a third country, how does this affect their U.S. asylum eligibility?

Answer: The applicant is barred unless they can show that conditions in that country were substantially restrictive of their rights

INA §208(b)(2)(A)(vi) bars asylum if the applicant was firmly resettled in a third country prior to arriving in the U.S., unless conditions were substantially restrictive of their fundamental rights.

Under the asylum process, what occurs if an affirmative asylum applicant receives a referral notice from a USCIS Asylum Officer?

Answer: The applicant is placed in removal proceedings before an Immigration Judge where the claim is heard de novo

When USCIS does not grant asylum, it refers the case to the Immigration Court for de novo defensive adjudication in removal proceedings.

An asylee who has been continuously present in the United States for at least one year after being granted asylum may apply for which immigration benefit?

Answer: Adjustment of status to lawful permanent residence (green card)

Under INA §209(b), an asylee who has been physically present in the U.S. for one year after being granted asylum may apply for adjustment of status to lawful permanent resident.