Asylum
- Discretion
- 8 USC 1101(a)—not required to grant asyulum in all cases
- 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.
