Asylum Case Law Outline.pdf - TEMPORARY PROTECTED STATUS(TPS An alien who is a national of a country(or alien having no nationality who last habitually

Asylum Case Law Outline.pdf - TEMPORARY PROTECTED...

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TEMPORARY PROTECTED STATUS (TPS): An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she: 1) Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation; 2) Is not subject to one of the criminal, security-related, or other bars to TPS; and 3) Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program. *Presently designated TPS countries: El Salvador, Guatemala, Somalia, Sudan, Honduras, Nicaragua, Liberia, Syria, Haiti, Guinea, Sierra Leone, South Sudan. *alien granted TPS should apply for parole on humanitarian grounds then seek adjustment of status I-485 ASYLUM: I-589 must be filed within 1 year of entering U.S. UNLESS changed/extraordinary circumstances People seeking protection in the U.S. on the grounds that they fear persecution in their homeland. ***Affirmative application.-asylee already in the U.S. & not in removal proceedings *asylum is a discretionary form of relief ***Defensive application.-alien stopped at port of entry & placed in expedite removal, or alien currently in U.S. in removal proceedings (Withholding of Removal) ***an asylee who seeks protection at port of entry must prove “credible fear” – significant possibility of persecution to the asylum officer if passes/ fails, referred to IJ because AO cant deny a claim *** An asylee differs from a refugee because asylee first comes to the United States and, once here, applies for protection. A refuge applies for protection while outside the United States. The applicant must have 1) a well-founded fear of persecution or past persecution (persecution is more than mere harassment, e.g. imprisonment, detention, beatings, torture) -fear is on account of a protected ground, and -reasonable possibility, at least 10% chance of persecution if return home, and -unwilling/unable to return to country of nationality because of such fear Relocation- if can relocate, then no well-founded fear but must be significantly safer- diffic ult to show can’t relocate & avoid persecution in a big country 1. Safely relocate
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2. Reasonable to expect person to live/relocate under circumstances of the case *if alien already relocated & then after sometime sought asylum argue reasonable but then counter argue living in hiding and shouldn’t have to *if applicant cant establish will be signaled out, can show well founded fear of persecution through pattern of conduct of persons similarly situated and applicants inclusion and identification w/such group that fear of persecution upon return is reasonable 2) “casual nexus” – but for fear and persecution based on race, religion, membership in a social group, political opinion, or national origin (can show by if country unwilling, unable, acquiescence, participates to
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  • Fall '08
  • Peyton,J
  • Gang, Persecution, ij

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