Asylum Law 101
Famous Asylees
Step by Step
Interviewing 101
Smorgasbord Asylum
100
Defined as unmarried, under 21.
What is the definition of a "child" under the INA?
100
This person sought asylum from the United States and had offers of asylum from the governments of Venezuela, Bolivia, and Nicaragua. This individual was ultimately granted asylum for a period of one year in Russia.
Who is Edward Snowden?
100
Using various government databases, these should always be completed by an asylum officer before the asylum interview for each applicant and dependent on an asylum application.
What are security checks?
100
These include page 10 of the I-589, the applicant/interpreter oath form, and the attorney waiver form.
What are forms that must be signed during the asylum interview?
100
Rather than an assessment to refer, this is drafted where it is determined that an applicant is still in valid immigration status.
What is a Notice of Intent to Deny?
200
INA § 101(a)(42) gives us this definition.
What is the definition of a refugee?
200
This little boy from Cuba was dramatically denied asylum in the United States back in June 2000.
What is Elian Gonzalez?
200
When dealing with a one year bar to asylum issue, if there are no changed personal circumstances which materially affect the applicant's eligibility for asylum and no extraordinary circumstances which directly related to the applicant's failure to timely file, an asylum officer must still explore this.
What are changed country conditions?
200
In addition to the applicant and interpreter, if an interpreter is being used, an asylum officer should always put this person under oath and document it in their notes.
Who is the interpreter monitor?
200
These categories include gender claims, contiguous territory and visa waiver grants, diplomats, and cases with national security related issues.
What are categories of cases that require HQ review?
300
These individuals are specifically excluded from the refugee definition.
What are persecutors?
300
This Chinese dissident and civil rights activist attracted international attention in his plight to flee China in 2012 after being targeted by the Chinese government for his work on the issues of women's rights, land rights, and the rights of the poor in rural areas.
Who is Chen Guangcheng?
300
In an assessment, this is where you provide the applicant's explanation or lack of explanation for an inconsistency, implausibility, or vague testimony.
What is Step 3 in the credibility analysis?
300
This is the correct format for note taking where there is evidence that a mandatory bar to asylum may apply.
What is Question and Answer format?
300
This section of the I-589 application should be completed by the asylum officer for each case which s/he adjudicates and can be found on the bottom right corner of page 1 on the I-589.
What is the Action Block?
400
The following test for well-foundedness (possession or imputed possession of a protected characteristic, awareness, capability, inclination) came from this case.
What is Matter of Mogharrabi?
400
The man who lived in Charles de Gaulle airport for 16 years between 1988 and 2006 and inspired the movie "The Terminal" starring Tom Hanks was from this country.
What is Iran?
400
Even where an applicant is found otherwise eligible for asylum, these are addressed at the very end of an assessment, just before the "Decision" section.
What are Mandatory Bars to asylum?
400
This form should be filled out and given to an FDNS IO(along with a copy of the interpreter ID and any other relevant documents) when an interpreter has abused their role and where the officer has explained the interpreter's role, warned the interpreter, and yet the abuse continued.
What is an Interpreter Incident Report?
400
These can include demeanor, candor and responsiveness, consistency between the applicant's written and oral statements, internal inconsistencies, etc.
What are things to consider in making a credibility determination?
500
Also known as an "FTO" under INA section 219.
What is a Foreign Terrorist Organization/Tier I Terrorist Organization?
500
This individual sought asylum in Canada after a U.S.-led raid on the Sioux Indian camp on Little Big Horn in 1876.
Who is Lakota chief Sitting Bull?
500
Here, it is presumed that the applicant's fear of future persecution is well-founded.
What is after the applicant has shown past persecution on account of a protected characteristic?
500
These should be numbered, discussed with the applicant, and properly documented on page 10 of the I-589.
What are any changes made to the asylum application?
500
Another document that must be included in the file where it is determined that the applicant is exempted from a mandatory TRIG bar under INA § 212(a)(3)(B).
What is an Exemption Worksheet?