Guide · Immigration
Asylum and Humanitarian Relief: A Comprehensive Guide to Asylum, Withholding, Torture Protection, and Victim Visas
8 U.S.C. § 1158
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-02-21
- Topic
- Immigration
This guide covers humanitarian immigration relief from the first client meeting through appeal. It sets out the refugee definition element by element, with the case law defining persecution, well-founded fear, and the nexus requirement that decides most claims. It treats the particular social group category as the unstable ground it is and explains how to plead one that survives. It compares asylum, withholding of removal, and protection under the Convention Against Torture, and explains why an applicant can lose the first and win the third. It covers the affirmative and defensive tracks, credible fear screening, detention, credibility findings, corroboration, and country conditions evidence. It then surveys the parallel humanitarian routes and the non-fear-based relief that should be screened at intake, closing with practice guidance and a reference section.
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