1L,
Immigration
- View Note >>
Inadmissibility
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
(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.
