Asylum - Los Angeles Immigration Law

IMMIGRATION LAW:
ASYLUM

Any person who is in the United States or outside their country of origin and who is unable or unwilling to return to her country of origin because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Asylum law has been changing enormously in the last years. Asylum is no longer limited to persons fleeing Communism. It has now expanded to protect any person persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. Additionally, there are two other forms of Asylum available: Withholding of Removal and protection under the Convention Against Torture. Although the spectrum of eligible individuals has broadened, the law has in recent years limited in a large capacity eligibility and the evidence that can be put forth in order to benefit from this type of relief.

ASYLUM, INA §208

The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established if it is determined that such alien is a refugee within the meaning of §101(a)(42)(A).

REFUGEE, INA §101(a)(42)(A)

Any person who is outside any country of such person's nationality … and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

WITHHOLDING OF REMOVAL, INA §241(b)(3)

The Attorney General may not remove an alien to a country if the Attorney general decides that the alien's life or freedom would be threatened in that country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion.

CONVENTION AGAINST TORTURE / DEFERRAL OF REMOVAL
8 CFR §§ 208.16

No state party shall expel, return (‘refouler') or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture.

Asylum - Los Angeles Immigration Law

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