• Discretion
    • 8 USC 1101(a)—not required to grant asyulum in all cases
    • Elements:
      • 1. Offer of resettlement in 3rd country
      • 2. Circumvention of normal refugee procedures along with other adverse factors
    • BIA has adopted a “totality of the circumstances” test:
      • If person used fraud in getting to US, how serious was it?
      • Applicant’s age and health
      • Whether person passed through other countries
      • Whether orderly refugee was available in 3rd country
      • How long person was in 3rd country?
      • The living conditions, safety, and potential for long-term residency?
      • Whether person has relatives legally in the US
      • Applicant's ties in another country
      • Balancing persecution with the consequences of deportation
  • Mandatory Denials
    • Serious reason to believe that the applicant has committed a serious non-political crime outside the US.
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