Key U.S. Immigration Statutes

Inadmissibility

• 8 U.S.C. §1182 (Inadmissible aliens)

Deportability

• 8 U.S.C. §1225 (Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing)
• 8 U.S.C. §1225(b)(1)(B)(v):



(v) "Credible fear of persecution" defined

          For purposes of this subparagraph, the term "credible fear
        of persecution" means that there is a significant
        possibility, taking into account the credibility of the
        statements made by the alien in support of the alien's claim
        and such other facts as are known to the officer, that the
        alien could establish eligibility for asylum under section
        1158 of this title.



• 8 U.S.C. §1227 (Deportable aliens)

Restriction on Removal

• 8 U.S.C. §1231 (Detention and removal of aliens ordered removed)

• 8 U.S.C. §1231(b)(3):

(b) Countries to which aliens may be removed

. . .

(3) Restriction on removal to a country where alien's life or
   freedom would be threatened

   (A) In general

     Notwithstanding paragraphs (1) and (2), the Attorney General
   may not remove an alien to a country if the Attorney General
   decides that the alien's life or freedom would be threatened in
   that country because of the alien's race, religion,
   nationality, membership in a particular social group, or
   political opinion.

   (B) Exception

     Subparagraph (A) does not apply to an alien deportable under
   section 1227(a)(4)(D) of this title or if the Attorney General
   decides that -

       (i) the alien ordered, incited, assisted, or otherwise
     participated in the persecution of an individual because of
     the individual's race, religion, nationality, membership in a
     particular social group, or political opinion;

       (ii) the alien, having been convicted by a final judgment
     of a particularly serious crime is a danger to the community
     of the United States;

       (iii) there are serious reasons to believe that the alien
     committed a serious nonpolitical crime outside the United
     States before the alien arrived in the United States; or

       (iv) there are reasonable grounds to believe that the alien
     is a danger to the security of the United States.

   For purposes of clause (ii), an alien who has been convicted of
   an aggravated felony (or felonies) for which the alien has been
   sentenced to an aggregate term of imprisonment of at least 5
   years shall be considered to have committed a particularly
   serious crime. The previous sentence shall not preclude the
   Attorney General from determining that, notwithstanding the
   length of sentence imposed, an alien has been convicted of a
   particularly serious crime. For purposes of clause (iv), an
   alien who is described in section 1227(a)(4)(B) of this title
   shall be considered to be an alien with respect to whom there
   are reasonable grounds for regarding as a danger to the
   security of the United States.