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Immigration Law > Gender and Bars to Asylum > Flashcards

Gender and Bars to Asylum Flashcards

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1
Q

Courts ____ to deny gender based claims

A

contort themselves

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2
Q

Fatin facts

A

Iranian woman who refused to conform to gender specific laws

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3
Q

In Fatin the BIA said ___

A

Iranian govt not interested in her particularly + could just wear veil

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4
Q

In Fatin the BIA ignored ___

A

claim for political opinion, fact can show persecution through pattern

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5
Q

BIA said Fatin could’ve shown persecution if __

A

forced to renounce religious belief

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6
Q

The third circuit rejected Fatin based on ____

A

Iranian women could be PSG but she didn’t establish she herself was member (no evidence opposition of depth/importance)

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7
Q

Since Fatin, the BIA __

A

has worked hard to diminish possibility women can be PSG

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8
Q

Matter of ARGG held that __

A

DV can be basis for persecution

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9
Q

PSG in ARGG

A

married women in Guatemala unable to leave their relationship

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10
Q

How did they establish immutability in ARGG

A

gender, marital status

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11
Q

how did they establish particularity in ARGG

A

commonly accepted and not able to leave not defined by abuse itself

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12
Q

how did they establish distinction in ARGG

A

laws, services, non-profits, statistics

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13
Q

For gender based violence __ often rejected

A

gang claims so better to paint as DV

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14
Q

A-B ____

A

came out opposite way than ARGG with law as is

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15
Q

A-B critiques of ARGG

A
  • defined by abuse (unable to leave)
  • vulnerability to private violence lacks particularity (conflates definability with size)
  • unclear if society views as distinct
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16
Q

A-B says victim must show __

A
  • harm was severe
  • targeted belief/characteristic (not met if greed or personal vendetta)
  • govt condoned or completely helpless
  • exact articulation of PSG
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17
Q

A-B says internal relocation more reasonable if ___

A

persecuted at hands of one or just a few individuals

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18
Q

A-B says if enter country unlawfully ___

A

may be negative factor in application without specifying other proper channels

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19
Q

Benefits of asylum

A
  • path to a green card
  • lawful admission
  • work authorization
  • derivatives can join
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20
Q

Even if meet definition under INA, asylees must show ___

A

none of statutory bars apply + entitled to discretion

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21
Q

IJ is not required to grant asylum even if ___

A

meet all requirements, but must state reasons

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22
Q

Bars to asylum

A
  • 1 year filing deadline
  • prior denial
  • safe third country
  • firm resettlement in third country
  • persecute others
  • particularly serious crimes in US
  • serious non-political crime abroad
  • TRIG
23
Q

Exceptions to 1 year filing deadline

A
  • change in circumstances that materially affects asylum app (convert, realize gay, regime change)
  • extraordinary circumstances that explain delay
24
Q

Safe third country is only a bar if __

A

multilateral agreement, right now only Canada

25
Q

Firm resettlement is only a bar if __

A

receive offer of permanent residence in that country

26
Q

Particularly serious crimes in US is a bar if __ and may be if ___

A

ag fel
sentence/nature of conviction (crimes against person)/danger to community

27
Q

Serious non-political crime abroad may be a bar if __

A

not directed toward modification of political organization

28
Q

If you only have one bar to asylum you __

A

may be eligible to related forms of relief

29
Q

What is withholding of removal

A

protection from return (no protection from return to third country)

30
Q

Withholding of removal has no ___ limits

A

firm resettlement bar or statutory time limit

31
Q

Requirements for withholding of removal

A
  • persecution more likely than not (>50%)
  • Must have future fear not just past persecution
32
Q

Bars to withholding of removal

A
  • commission of serious crime abroad
  • ag fel in US with sentence 5+ years
33
Q

Benefits received if withholding of removal

A

work authorization and may be present

34
Q

Benefits not received from withholding of removal

A
  • no lawful admission
  • no path to green card
  • cannot sponsor family
35
Q

Withholding of removal is not ___

A

discretionary must grant if meet criteria

36
Q

Other humanitarian relief

A
  • CAT
  • TPS
  • Parole initiated outside US
  • SIJS
  • VAWA self petitions
  • T & U visas
37
Q

T visas require that you are __

A

physically present in US on account of the trafficking

38
Q

how is torture defined

A

severe pain or suffering inflicted for particular purpose

39
Q

CAT requirements

A
  • > 50% of torture if returned
  • acquiescence of public official
40
Q

You don’t need to show __ for CAT

A

nexus to protected ground

41
Q

Acquiescence under CAT can be __ but not ___

A

just local officials, general ineffectiveness to investigate crime

42
Q

Benefits not received under CAT

A
  • no path to green card
  • no family sponsoring
  • may be detained indefinitely if govt determines you are a risk
43
Q

Bar to CAT

A

serious crime or ag fel with 5+ sentence (then just deferral of removal)

44
Q

If show CAT then __

A

withholding of removal is mandatory

45
Q

what is TPS

A

blanket form of humanitarian relief based on ties to foreign country

46
Q

Requirements for TPS

A
  • specified country under DHS with extraordinary and temp condition
  • in US on date of TPS announcement
  • bars if crim convictions, drugs, terrorist activity or persecution of others
47
Q

How does DHS determine extraordinary and temp condition for TPS

A
  • ongoing armed conflict
  • foreign state request due to environmental
  • other condition extraordinary and temporary that prevents nationals from returning
48
Q

Benefits of TPS

A

allowed to stay 6-18 months (can be extended if DHS Secretary decides
work authorization
cannot be deported or detained on immigration status grounds
not barred from NIV or IV if meet requirements

49
Q

Benefits not received under TPS

A
  • cannot sponsor family
  • no green card path
  • may be deemed ineligible for public assistance by a state
50
Q

People who may come on parole programs initiated outside US

A

Ukrainians
Cuban/Venezuelan/Nicaraguans - 30K per month

51
Q

what is SIJS

A

special immigrant juvenile status

52
Q

SIJS requirements

A
  • in custody of juvenile court
  • reunification with even 1 parent not possible due to abuse, neglect, or abandonment
53
Q
A

Immigration Law (14 decks)

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