Tampa Refugee Asylum Services
Understanding Asylum Law in the United States
Asylees are refugees who are in the United States, at a land border or point of entry. INA §208(a). Asylees must qualify as refugees, meaning that they have to prove a well-founded fear of persecution based on a protected ground. Persons interdicted in the high seas may not qualify for asylum.
Before asylum could be granted, the person’s nationality has to be determined. Urgen v. Holder, 768 F.3d 269, 272-74 (2nd Cir. 2014). Statelessness alone, however, is not enough to qualify for asylum, but if statelessness is the basis for persecution then it qualifies. Stserba v. Holder, 646 F.3d 964 (6th Cir. 2011).
Persecution is defined as a threat to the life or freedom of or an infliction of harm on those who differ in a way regarded as offensive. Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985). Harm need not to be physical to rise to the level of persecution. Borca v. INS, 77 F.3d 210, 215-17 (7th Cir. 1996). Permanent or serious physical injury is not required to establish persecution. Matter of O-Z & I-Z, 22 I&N Dec. 23, 25-26 (BIA 1998). Custodial interrogation, rape or sexual assault, and forced medical examinations may arise to the level of persecution.
The government in the country of nationality must also be unable or unwilling to protect the applicant. Kamar v. Sessions, 875 F.3d 811, 819-20 (6th Cir. 2017).
Key Protected Grounds for Asylum
The persecution must be based on a protected ground. The protected grounds are:
- Race
- Religion
- National origin
- Political opinion
- Membership in a particular social group
The applicant must prove that the persecution was based on one or more of the abovementioned grounds. INS v. Elias-Zacarias, 502 US 478 (1992). These characteristics may be imputed to an applicant. There must be a nexus between the persecution and the protected ground. The applicant does not have to show that the persecutor acted with bad intent. Matter of Kasinga, 21 I&N Dec. 357, 365 (BIA 1996).
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We understand that applying for asylum and withholding of removal is a serious matter. Your life could literally depend on the result. Call us today for help applying for such relief.
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