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Immigration Law > Refugees and Asylees > Flashcards

Refugees and Asylees Flashcards

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1
Q

Origins of the system lie in __

A

post WWII

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2
Q

what is non refoulement

A

promise not to send back to that country, no status, maybe send to third country

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3
Q

Under US law, asylees get ___ not ___

A

status, just non refoulement

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4
Q

Refugees are ____

A

outside US seeking entry

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5
Q

___ determines how many refugees to admit per year

A

President (in consultation with Congress)

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6
Q

Unlike the INA, the number of refugees __

A

can be changed yearly (subject to politicization)

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7
Q

Most refugees are referred through __ but __

A

UNHCR (higher priority), can apply without if meet certain criteria

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8
Q

Refugees can receive ___

A

work authorization

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9
Q

Refugees must __

A

apply to adjust status after 1 year

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10
Q

Under the Specter Amendment, Congress can ___

A

prioritize some people over others (Iranian minorities less evidence to prove refugees)

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11
Q

USCIS criteria to be refugee

A
  • meet INA definition
  • not firmly resettled elsewhere
  • special humanitarian concern to US
  • admissible to US (lower criteria than normal)
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12
Q

To gain asylum, applications must show ___ and __

A

eligibility + entitlement as matter of discretion

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13
Q

If denied discretion of asylum then may __

A

be eligible for withholding of removal

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14
Q

You can become asylee after admission to US if ___

A

circumstances change in home country or for you (sur place)

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15
Q

Asylum applicants must file __

A

within 1 year of arrival unless changed circumstances

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16
Q

Asylum law is especially dependent on ___

A

case law

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17
Q

BIA case law is totally subject to ___

A

AG/Exec

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18
Q

Affirmative asylum

A

physically present in US but not in removal proceedings

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19
Q

If not granted affirmative asylum then __

A

referred to removal (officers err on side of removal)

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20
Q

Defensive asylum is when __

A

at border seeking admission OR in removal proceedings

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21
Q

You can work while your asylum case is pending if ___

A

can’t adjudicate within 6 months

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22
Q

Asylees are not subject to __

A

normal inadmissibility/deportability bars

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23
Q

To establish persecution for asylum you must show either ___ or __

A

past persecution or well founded fear of future persecution

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24
Q

Past persecution allows ___

A

presumed fear of future

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25
Q

If past persecution, the govt must ___

A

show change in circumstances or that asylee could move to different part of home country

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26
Q

If past persecution and govt shifts burden the asylee can still show ___

A

compelling reasons out of severity of persecution OR other serious harm upon removal

27
Q

Persecution is not defined by INA but has been held to include

A
  • violations of bodily autonomy
  • physical violence or threats of it
  • death threats (if specific and will/capacity to carry out)
  • emotional/pysch harm if fact specific (forced to practice religion in secret)
28
Q

Not examples of persecution

A
  • economic damage
  • discrimination/harassment without other factors
  • criminal prosecution back home unless motivated by protected ground and disproportionate punishment
29
Q

Well founded fear claim requires ____

A

subjective (you are afraid) + objective (reasonable possibility of suffering this thing), because no past

30
Q

Persecution need not be the only ___

A

reason you left

31
Q

Well founded fear has ___% chance rule

A

10

32
Q

For well founded fear must show ___

A

relocation to another part of country not possible or reasonable

33
Q

For well founded fear don’t have to show __

A

individually targeted if show pattern/practice of targeting people similarly situated

34
Q

Matter of Acosta held that persecution must be ___

A

on account of characteristic/belief not strife in general

35
Q

Four part test from Acosta

A
  • applicant characteristic
  • persecutor awareness
  • persecutor capability
  • persecutor inclination
36
Q

To show relocation to other part of country reasonable must ___

A
  • not have well-founded fear there
  • not living in hiding
  • not strife, social/cultural constraints etc
37
Q

Acosta did find that ___ but ___

A

established fear but not well founded

38
Q

Reason Acosta said not well founded fear

A

could stop being taxi driver and those guerrillas no longer active

39
Q

The asylee has the burden to show __

A
  • treatment rises to persecution
  • on account of one or more protected grounds
  • committed by govt or person/group govt is unwilling or unable to control
40
Q

Asylee applicant testimony is sufficient if __

A
  • credible
  • persuasive
  • refers to specific facts sufficient to demonstrate
41
Q

If IJ doesn’t find applicant testimony persuasive enough must ___

A

give notice of corroboration required AND opp to produce it or explain why not reasonably available

42
Q

The identity of the persecutor must be ___

A

govt OR quasi official group OR persons unable or unwilling to control

43
Q

Factors towards unwilling to control

A
  • country’s laws
  • resources
  • lack of power
  • lack of political will to enforce
  • tried to report or reporting was futile
44
Q

Unwilling to control standard if A-B controls again

A

condones or completely helpless

45
Q

Five protected grounds

A
  • race
    -religion
  • nationality
  • PSG
  • political opinion
46
Q

Race and nationality may refer to __

A

ethnic/linguistic groups

47
Q

Religion may turn on __

A

credibility, ask questions about religion

48
Q

Case law says that religious persecution doesn’t require ___

A

doctrinal knowledge of your religion

49
Q

It can still be religious persecution if you deny ___

A

your belief/way of life is religion but persecuted because of it anyways

50
Q

Political opinion requires ___

A

hold opinion + persecuted because of that opinion

51
Q

____ political opinion counts

A

Imputed (persecutor believes they have it even if they don’t)

52
Q

Examples of ways to establish political opinion

A
  • status as govt employee
  • membership/participation in group with political purposes
  • forced to abort pregnancy
  • forced sterilization
53
Q

Elias-Zacarias says ______ as political opinion

A

absence of political opinion by itself doesn’t count as

54
Q

Elias dissent says __

A

neutrality itself is an opinion

55
Q

Requirements for PSG

A
  • immutability
  • particularity
  • social distinction in society in question
56
Q

what is immutability

A

cannot or should not have to change since so fundamental (Acosta)

57
Q

Toboso-Alfonso says __ is immutable

A

sexual orientation

58
Q

MEVG held you don’t need __ for social distinction

A

literal visibility

59
Q

Particularity means ___

A

discrete definable boundaries of group (not size, MEVG)

60
Q

PSG doesn’t require ___

A

voluntary association among members

61
Q

You cannot define a PSG by ___

A

the persecution itself

62
Q

____ are too amorphous to be PSG

A

poverty/wealth, youth, homelessness

63
Q

What was PSG rejected in MEVG

A

Honduran youth actively recruited by gangs but refuse to join because they disagree

64
Q
A

Immigration Law (14 decks)

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