Topic Outline

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Precedent decisions organized by legal issue — select a topic to see relevant cases.

Asylum

Claims for asylum protection under INA § 208 and related withholding and CAT relief.

The dual subjective and objective standard for establishing a well-founded fear of persecution.

Subjective Component Objective Component — 10% Standard2 Past Persecution & Rebuttable Presumption2 Death Threats as Persecution1

Protected Grounds

The five statutory protected grounds: race, religion, nationality, political opinion, and particular social group.

Particular Social Group (PSG)59 Political Opinion9 Religion1 Nationality & Race1

Nexus — On Account Of

The persecution must be on account of a protected ground. 9th Circuit requires only that a protected ground be 'a reason'; BIA uses 'a central reason' standard.

Mixed Motive2 Central Reason vs. A Reason1 Personal Animus / Criminal vs. Protected Ground1

Government Persecution & Protection

Unable or Unwilling to Control2 Internal Relocation2

Credibility

REAL ID Act — Totality of Circumstances3 Corroboration Requirements2 Demeanor & Adverse Credibility1

One-Year Filing Deadline

INA § 208(a)(2)(B) requires asylum applications within one year of last arrival unless an exception applies.

Extraordinary Circumstances Exception Changed Circumstances Exception

Bars to Asylum

Persecutor Bar1 Particularly Serious Crime Bar3 Firm Resettlement Bar1 Security / Terrorism Bar Safe Third Country / ACA Bar4

Withholding of Removal & CAT

Mandatory protection under INA § 241(b)(3) and Convention Against Torture. Higher burden but no bars for criminal history.

Withholding Standard — More Likely Than Not Convention Against Torture (CAT)3 CAT — Government Acquiescence1

Procedure & Standard of Review

Substantial Evidence Standard BIA Appellate Review — Streamlining Pretermission Without Full Hearing1

Cancellation of Removal — § 240A(b)

Non-LPR cancellation of removal under INA § 240A(b). Requires 10 years presence, good moral character, and exceptional and extremely unusual hardship to a qualifying relative.

38 cases

10 Years Continuous Physical Presence

Stop-Time Rule — INA § 240A(d)(1)3 Effect of Brief Trips Abroad NTA and Pereira Issues2

Good Moral Character

Exceptional and Extremely Unusual Hardship

The hardship standard requires hardship substantially beyond what would normally be expected from removal. Courts give significant deference to IJ/BIA hardship determinations.

Qualifying Relatives2 Hardship Factors7 Aggregate / Cumulative Consideration1 Hardship to U.S. Citizen Children3 Jurisdictional Limits on Hardship Review2 Medical & Mental Health Evidence1

Discretionary Denial