Category: Asylum
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MATTER OF H-C-R-C- (2024 credibility & CAT)
Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention…
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Biden Announces Executive Action Barring Asylum for Migrants Crossing the Southern Border
President Biden has announced new executive actions to address the situation at the southern border. These actions aim to deter unlawful border crossings and manage the high volume of encounters. The key points are: Barring Asylum for Unlawful Crossings: Migrants who cross the southern border unlawfully will be ineligible for asylum, with exceptions for those…
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Temporary Asylum Location Opening in Oakland, California
May 13, 2024, US Citizenship and Immigration Services announced that the San Francisco Asylum Office will be opening a temporary location in Oakland, California. In announcement made on Monday, May 13, 2024: USCIS’ San Francisco Asylum Office is opening an additional temporary location in Oakland, California. Effective May 15, 2024, asylum applicants under the…
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Convention Against Torture (CAT)
As per international and U.S. law, the principle is clear that an individual cannot be returned to a country where they are likely to be subjected to torture. US law has created a legal process specifically designed to comply with the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment…
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Withholding of Removal
For nearly a century, the United States has upheld a fundamental promise: no person shall be deported to a country where they would face persecution. In line with laws enacted to honor this commitment, tens of thousands of individuals seek protection in the United States each year. The majority of these individuals apply for asylum.…
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The Convention Against Torture
WHAT IS THE CONVENTION AGAINST TORTURE (CAT)? You may have seen or heard the term CAT in connection to the asylum process, but what is it? Introduction The first step in seeking asylum protection in the U.S. is to file an I-589 asylum application. On the Form I-589 asylum application there is a little checkbox…
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When Is A Government “Unable or Unwilling” To Protect Someone
When is a Government “unable or unwilling” to protect? The Board of Immigration Appeals (BIA), issued a precedential decision on asylum law, providing more guidance on how asylum applicants can meet the requirements of showing that a government is “unable or unwilling” to protect them from harm by private actors. Matter of C-G-T-, 28 I&N…
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Affirmative Asylum Applicants Must Provide Interpreters Starting September 13, 2023
U.S. Citizenship and Immigration Services announced that affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to proceed with their interview in a language other than English, starting September 13, 2023. Sign language interpreters are the only exception to this requirement. USCIS continues to…
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Asylum Interview Interpreter Requirements Updated
USCIS announced to policies that will be taking effect on September 13, 2023. Anyone attending an asylum interview after September 13, 2023, will be required to bring an interpreter to their interview if they are not able to do the interview in English. See the new affirmative asylum interpreter requirements below. AFFIRMATIVE ASYLUM INTERPRETER REQUIREMENTS…
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ASYLUM EMPLOYMENT AUTHORIZATION
GETTING EMPLOYMENT AUTHORIZATION (EAD) THROUGH ASYLUM AND THE 180 DAY ASYLUM CLOCK HOW DO I APPLY FOR EMPLOYMENT AUTHORIZATION AFTER I HAVE APPLIED FOR ASYLUM? For instructions on how to apply for employment authorization after you have applied for asylum, visit the USCIS website at www.uscis.gov/i-765 to review the Form I-765, Application forEmployment Authorization, and…
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Convention Against Torture (CAT)
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Convention Against Torture (CAT), is an international human rights treaty adopted by the United Nations General Assembly in 1984.
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