Gender and Bars to Asylum Flashcards
Courts ____ to deny gender based claims
contort themselves
Fatin facts
Iranian woman who refused to conform to gender specific laws
In Fatin the BIA said ___
Iranian govt not interested in her particularly + could just wear veil
In Fatin the BIA ignored ___
claim for political opinion, fact can show persecution through pattern
BIA said Fatin could’ve shown persecution if __
forced to renounce religious belief
The third circuit rejected Fatin based on ____
Iranian women could be PSG but she didn’t establish she herself was member (no evidence opposition of depth/importance)
Since Fatin, the BIA __
has worked hard to diminish possibility women can be PSG
Matter of ARGG held that __
DV can be basis for persecution
PSG in ARGG
married women in Guatemala unable to leave their relationship
How did they establish immutability in ARGG
gender, marital status
how did they establish particularity in ARGG
commonly accepted and not able to leave not defined by abuse itself
how did they establish distinction in ARGG
laws, services, non-profits, statistics
For gender based violence __ often rejected
gang claims so better to paint as DV
A-B ____
came out opposite way than ARGG with law as is
A-B critiques of ARGG
- defined by abuse (unable to leave)
- vulnerability to private violence lacks particularity (conflates definability with size)
- unclear if society views as distinct
A-B says victim must show __
- harm was severe
- targeted belief/characteristic (not met if greed or personal vendetta)
- govt condoned or completely helpless
- exact articulation of PSG
A-B says internal relocation more reasonable if ___
persecuted at hands of one or just a few individuals
A-B says if enter country unlawfully ___
may be negative factor in application without specifying other proper channels
Benefits of asylum
- path to a green card
- lawful admission
- work authorization
- derivatives can join
Even if meet definition under INA, asylees must show ___
none of statutory bars apply + entitled to discretion
IJ is not required to grant asylum even if ___
meet all requirements, but must state reasons
Bars to asylum
- 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
Exceptions to 1 year filing deadline
- change in circumstances that materially affects asylum app (convert, realize gay, regime change)
- extraordinary circumstances that explain delay
Safe third country is only a bar if __
multilateral agreement, right now only Canada
Firm resettlement is only a bar if __
receive offer of permanent residence in that country
Particularly serious crimes in US is a bar if __ and may be if ___
ag fel
sentence/nature of conviction (crimes against person)/danger to community
Serious non-political crime abroad may be a bar if __
not directed toward modification of political organization
If you only have one bar to asylum you __
may be eligible to related forms of relief
What is withholding of removal
protection from return (no protection from return to third country)
Withholding of removal has no ___ limits
firm resettlement bar or statutory time limit
Requirements for withholding of removal
- persecution more likely than not (>50%)
- Must have future fear not just past persecution
Bars to withholding of removal
- commission of serious crime abroad
- ag fel in US with sentence 5+ years
Benefits received if withholding of removal
work authorization and may be present
Benefits not received from withholding of removal
- no lawful admission
- no path to green card
- cannot sponsor family
Withholding of removal is not ___
discretionary must grant if meet criteria
Other humanitarian relief
- CAT
- TPS
- Parole initiated outside US
- SIJS
- VAWA self petitions
- T & U visas
T visas require that you are __
physically present in US on account of the trafficking
how is torture defined
severe pain or suffering inflicted for particular purpose
CAT requirements
- > 50% of torture if returned
- acquiescence of public official
You don’t need to show __ for CAT
nexus to protected ground
Acquiescence under CAT can be __ but not ___
just local officials, general ineffectiveness to investigate crime
Benefits not received under CAT
- no path to green card
- no family sponsoring
- may be detained indefinitely if govt determines you are a risk
Bar to CAT
serious crime or ag fel with 5+ sentence (then just deferral of removal)
If show CAT then __
withholding of removal is mandatory
what is TPS
blanket form of humanitarian relief based on ties to foreign country
Requirements for TPS
- 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
How does DHS determine extraordinary and temp condition for TPS
- ongoing armed conflict
- foreign state request due to environmental
- other condition extraordinary and temporary that prevents nationals from returning
Benefits of TPS
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
Benefits not received under TPS
- cannot sponsor family
- no green card path
- may be deemed ineligible for public assistance by a state
People who may come on parole programs initiated outside US
Ukrainians
Cuban/Venezuelan/Nicaraguans - 30K per month
what is SIJS
special immigrant juvenile status
SIJS requirements
- in custody of juvenile court
- reunification with even 1 parent not possible due to abuse, neglect, or abandonment
