Refugees and Asylees

Question 1

Origins of the system lie in __

Answer 1

post WWII

Question 2

what is non refoulement

Answer 2

promise not to send back to that country, no status, maybe send to third country

Question 3

Under US law, asylees get ___ not ___

Answer 3

status, just non refoulement

Question 4

Refugees are ____

Answer 4

outside US seeking entry

Question 5

___ determines how many refugees to admit per year

Answer 5

President (in consultation with Congress)

Question 6

Unlike the INA, the number of refugees __

Answer 6

can be changed yearly (subject to politicization)

Question 7

Most refugees are referred through __ but __

Answer 7

UNHCR (higher priority), can apply without if meet certain criteria

Question 8

Refugees can receive ___

Answer 8

work authorization

Question 9

Refugees must __

Answer 9

apply to adjust status after 1 year

Question 10

Under the Specter Amendment, Congress can ___

Answer 10

prioritize some people over others (Iranian minorities less evidence to prove refugees)

Question 11

USCIS criteria to be refugee

Answer 11

• meet INA definition
• not firmly resettled elsewhere
• special humanitarian concern to US
• admissible to US (lower criteria than normal)

Question 12

To gain asylum, applications must show ___ and __

Answer 12

eligibility + entitlement as matter of discretion

Question 13

If denied discretion of asylum then may __

Answer 13

be eligible for withholding of removal

Question 14

You can become asylee after admission to US if ___

Answer 14

circumstances change in home country or for you (sur place)

Question 15

Asylum applicants must file __

Answer 15

within 1 year of arrival unless changed circumstances

Question 16

Asylum law is especially dependent on ___

Answer 16

case law

Question 17

BIA case law is totally subject to ___

Answer 17

AG/Exec

Question 18

Affirmative asylum

Answer 18

physically present in US but not in removal proceedings

Question 19

If not granted affirmative asylum then __

Answer 19

referred to removal (officers err on side of removal)

Question 20

Defensive asylum is when __

Answer 20

at border seeking admission OR in removal proceedings

Question 21

You can work while your asylum case is pending if ___

Answer 21

can’t adjudicate within 6 months

Question 22

Asylees are not subject to __

Answer 22

normal inadmissibility/deportability bars

Question 23

To establish persecution for asylum you must show either ___ or __

Answer 23

past persecution or well founded fear of future persecution

Question 24

Past persecution allows ___

Answer 24

presumed fear of future

Question 25

If past persecution, the govt must ___

Answer 25

show change in circumstances or that asylee could move to different part of home country

Question 26

If past persecution and govt shifts burden the asylee can still show ___

Answer 26

compelling reasons out of severity of persecution OR other serious harm upon removal

Question 27

Persecution is not defined by INA but has been held to include

Answer 27

- violations of bodily autonomy - physical violence or threats of it - death threats (if specific and will/capacity to carry out) - emotional/pysch harm if fact specific (forced to practice religion in secret)

Question 28

Not examples of persecution

Answer 28

- economic damage - discrimination/harassment without other factors - criminal prosecution back home unless motivated by protected ground and disproportionate punishment

Question 29

Well founded fear claim requires ____

Answer 29

subjective (you are afraid) + objective (reasonable possibility of suffering this thing), because no past

Question 30

Persecution need not be the only ___

Answer 30

reason you left

Question 31

Well founded fear has ___% chance rule

Answer 31

10

Question 32

For well founded fear must show ___

Answer 32

relocation to another part of country not possible or reasonable

Question 33

For well founded fear don't have to show __

Answer 33

individually targeted if show pattern/practice of targeting people similarly situated

Question 34

Matter of Acosta held that persecution must be ___

Answer 34

on account of characteristic/belief not strife in general

Question 35

Four part test from Acosta

Answer 35

- applicant characteristic - persecutor awareness - persecutor capability - persecutor inclination

Question 36

To show relocation to other part of country reasonable must ___

Answer 36

- not have well-founded fear there - not living in hiding - not strife, social/cultural constraints etc

Question 37

Acosta did find that ___ but ___

Answer 37

established fear but not well founded

Question 38

Reason Acosta said not well founded fear

Answer 38

could stop being taxi driver and those guerrillas no longer active

Question 39

The asylee has the burden to show __

Answer 39

- treatment rises to persecution - on account of one or more protected grounds - committed by govt or person/group govt is unwilling or unable to control

Question 40

Asylee applicant testimony is sufficient if __

Answer 40

- credible - persuasive - refers to specific facts sufficient to demonstrate

Question 41

If IJ doesn't find applicant testimony persuasive enough must ___

Answer 41

give notice of corroboration required AND opp to produce it or explain why not reasonably available

Question 42

The identity of the persecutor must be ___

Answer 42

govt OR quasi official group OR persons unable or unwilling to control

Question 43

Factors towards unwilling to control

Answer 43

- country's laws - resources - lack of power - lack of political will to enforce - tried to report or reporting was futile

Question 44

Unwilling to control standard if A-B controls again

Answer 44

condones or completely helpless

Question 45

Five protected grounds

Answer 45

- race -religion - nationality - PSG - political opinion

Question 46

Race and nationality may refer to __

Answer 46

ethnic/linguistic groups

Question 47

Religion may turn on __

Answer 47

credibility, ask questions about religion

Question 48

Case law says that religious persecution doesn't require ___

Answer 48

doctrinal knowledge of your religion

Question 49

It can still be religious persecution if you deny ___

Answer 49

your belief/way of life is religion but persecuted because of it anyways

Question 50

Political opinion requires ___

Answer 50

hold opinion + persecuted because of that opinion

Question 51

____ political opinion counts

Answer 51

Imputed (persecutor believes they have it even if they don't)

Question 52

Examples of ways to establish political opinion

Answer 52

- status as govt employee - membership/participation in group with political purposes - forced to abort pregnancy - forced sterilization

Question 53

Elias-Zacarias says ______ as political opinion

Answer 53

absence of political opinion by itself doesn't count as

Question 54

Elias dissent says __

Answer 54

neutrality itself is an opinion

Question 55

Requirements for PSG

Answer 55

- immutability - particularity - social distinction in society in question

Question 56

what is immutability

Answer 56

cannot or should not have to change since so fundamental (Acosta)

Question 57

Toboso-Alfonso says __ is immutable

Answer 57

sexual orientation

Question 58

MEVG held you don't need __ for social distinction

Answer 58

literal visibility

Question 59

Particularity means ___

Answer 59

discrete definable boundaries of group (not size, MEVG)

Question 60

PSG doesn't require ___

Answer 60

voluntary association among members

Question 61

You cannot define a PSG by ___

Answer 61

the persecution itself

Question 62

____ are too amorphous to be PSG

Answer 62

poverty/wealth, youth, homelessness

Question 63

What was PSG rejected in MEVG

Answer 63

Honduran youth actively recruited by gangs but refuse to join because they disagree