The Ninth Circuit recently affirmed a denial of asylum where the applicant could not establish a nexus between her “particular social group” and the harm she suffered. Nevertheless, the appellate court confirmed that family membership is considered a particular social group.
Resources on Defensive Asylum
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FAQs on the administration's issued two new rules: Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications and Asylum Application, Interview, and Employment Authorization for Applicants.
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On Jan. 21, 2020, CLINIC submitted a public comment opposing the proposed rule to create additional criminal bars to asylum. CLINIC opposes this rule because it expands the categorical bars to asylum to include minor offenses and alleged criminal conduct, without consideration of proportionality. In our comment, CLINIC describes how the proposed rule is contrary to our obligations under the United Nations Refugee Convention, and how its implementation will result in the separation of families and the wrongful return of asylum seekers to harm.
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CLINIC submitted comments on January 13, 2020 strongly opposing proposed regulations which will impose new limitations on asylum seekers’ ability to obtain an employment authorization document (EAD) while their asylum applications are pending.
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This outline provides tips for preparing an asylum-seeker’s declaration.