Basic Asylum Law
Within how many days must an Asylum applicant file their application after entering the U.S.?
One year
If an asylum applicant is ordered removed by an immigration judge, what is the next step to challenge that decision?
Appeal to the Board of Immigration (BIA)
Which legal body will USCIS refer a case to, if they determine that an application lacks credibility?
Immigration court/removal proceedings
Which federal agency is responsible for enforcing immigration laws, including apprehending and deporting individuals who are in the U.S. unlawfully?
ICE (Immigration and Customs Enforcement)
Tariq is a journalist in Meritania who reported on government corruption. After publishing an article that criticized the ruling party, Tariq was detained and tortured. He managed to escape to the U.S. On what protected ground can Tariq apply for asylum?
Political opinion.
What is the INA?
Immigration and Nationality Act, which is the primary body of law governing immigration and nationality in the United States.
When a defensive asylum case is denied by the immigration judge, how long does the applicant have to file an appeal?
30 days
How many days does the USCIS have to grant, deny, or refer the case to court after an asylum interview?
180
Name at least 3 sources of binding asylum law.
INA, 8 CFR, DHS, INS, EOIR memoranda, BIA precedent, US Ct. App., SCOTUS
Sofia is a transgender woman from Meritland, she faces intense violence and threats from her family, community, and the government because of her identity. On what basis could Sofia be eligible for asylum?
Membership in a particular social group.
What are the exceptions that an applicant can argue if they missed the one-year deadline to apply for asylum?
1. Changed circumstances/country conditions that materially affect the applicant's eligibility for asylum
2. Extraordinary circumstances relating to the delay in filing the application
If an applicant fails to appear at their scheduled hearing without sufficient justification, what might the judge order?
In absentia removal.
After a grant of asylum, an individual can apply for a Green Card, what is this process called?
Adjustment of status
What does Inter Alia mean?
Among other things
An asylum applicant has engaged in voluntary military services in a country that has widespread human rights abuses. What bar can this asylum applicant be denied asylum under?
Persecutor bar. For those who have engaged in persecution.
Who is eligible for derivative asylum status?
Immediate family members who were not included in the original claim.
ICE’s Enforcement and Removal Operations (ERO) division can grant stays of deportation in certain cases, especially when individuals can show they are facing severe hardship. What is this form of relief called?
Stay of removal
Which form must you file to bring your spouse and children to the U.S. after you have been granted asylum?
Form I-730
What are the differences between asylum withholding of removal/CAT? Give at least 2.
1. Withholding and CAT are mandatory. Asylum is discretionary.
2. Some bars to Asylum don't apply to withholding of removal. Extra points if you can list bars.
3. Withholding of removal applicant has a higher burden of demonstrating that they will face persecution. Courts have held that applicant's must show a 51% likelihood compared to at least 10% likelihood in asylum cases.
Diego is a former member of an armed militia. He fled his country after a conflict that left him with deep moral and psychological trauma. He fears returning because his militia group seeks to punish those who left. He never engaged in any direct acts of violence. How can Diego be eligible for asylum, given his past association with the militia?
Although the persecutor bar may prevent Diego from receiving asylum, he could argue that his involvement was coerced or he had no direct role in the persecution.
Define nationality and race.
Nationality generally refers to the applicant's country of citizenship or the country where they have a strong connection. Race refers to an individual's racial background, which is typically associated with physical characteristics such as skin color, facial features, or other identifiable racial markers.
Which motion allows an asylum seeker who was denied asylum to reapply under specific changed circumstances, such as new evidence of persecution?
Motion to Reopen
What type of hearing is scheduled for applicants referred from USCIS after their asylum claim is denied and what document is issued?
Individual hearing/NTA
What is the concept of nexus in asylum law?
This concept in asylum law refers to the idea that an applicant’s fear of persecution must be tied directly to one or more of the five protected grounds and not just general violence or economic hardship.
A woman from Meritistan claims asylum in the US because she was abused by her husband, who has ties to local law enforcement. She says she cannot seek help from authorities because of their connections to her husband. Which category should she apply for? (Most relevant)
Particular Social Group