Issues addressed include indicators that may demonstrate an individual is a victim, specific assistance and benefits available to victims, as well as guidelines for sensitive interview techniques. Affirmative Asylum Procedures Manual. This module outlines the importance of taking clear and comprehensive notes during the interview, the characteristics of proper notes, and procedures for proper note-taking.
This training module instructs students on how to elicit information from an interviewee in a non-adversarial manner. Interviewing - Working with an Interpreter. The module describes the role and responsibilities of an interpreter, and how officers can communicate effectively through an interpreter. This lesson focuses primarily on the effects of torture and severe trauma and how these effects can affect the interview process. This module describes how cultural differences may create barriers to effective communication and provides techniques for recognizing and overcoming those barriers.
This module provides guidelines on the use of Country of Origin Information in adjudicating immigration benefits, petitions, protection determinations, and other immigration-related requests. This module describes the general factual, legal and analytical considerations involved in constructing legally sufficient decisions.
This module provides guidelines for adjudicating immigration benefits or requests that are subject to DHS's discretion. The module addresses the basis for determining when discretion is warranted and for performing legal analysis. Nexus - Particular Social Group. This module discusses membership in a particular social group and examines its interpretation in administrative and judicial case law.
This module discusses the definition of persecution and the determination as to whether an act constitutes persecution. It includes guidance on how to identify the relevant components of a case, how to read and understand a case, and how to analyze and apply case law to make a decision or determination. Affirmative Asylum Procedure Manual. USCIS Affirmative Asylum Procedures Manual from the Asylum Division, updated and revised as of November , provides instruction for asylum office personnel on how to process affirmative asylum applications.
This module instructs asylum officers on gender-related factors to be considered when interviewing and adjudicating claims related to gender, including claims based on violations of societal norms associated with gender. This lesson instructs officers on how to apply appropriate law to determine whether an applicant is eligible for suspension of deportation or special rule cancellation of removal under NACARA. International Human Rights Law. This lesson addresses interviewing and procedural considerations when working with child asylum applicants, as well as considerations for the legal analysis of their claims.
This lesson informs asylum officers of the importance of taking clearly written and comprehensive notes during the interview and the characteristics of proper notes and proper note-taking. Mandatory Bars to Asylum and Discretion. This lesson describes prohibitions on applying for asylum, exceptions to those prohibitions, and the circumstances that require denial or referral of an asylum application, even when an applicant establishes that he or she is a refugee.
This lesson also describes the circumstances under which it is appropriate to use discretion to refer or deny a request for asylum.
Asylum Eligibility Part II: Well-Founded Fear The primary focus of this lesson is the determination as to whether an applicant has established a reasonable possibility of suffering future harm in the country of nationality. The primary focus of this lesson is the determination as to whether an applicant has established that past harm suffered or future harm feared is on account of one of the five protected characteristics. This lesson provides guidance on special factors asylum officers must consider in interviewing women and evaluating their asylum claims related to gender.
This lesson introduces asylum officers to the International Religious Freedom Act IRFA and the particular responsibilities the Act creates with regard to the adjudication of asylum claims. This lesson plan discusses the definition of a refugee as codified in the INA and its interpretation in administrative and judicial caselaw. The primary focus of this lesson is the determination as to whether an act constitutes past persecution. This lesson describes the various standards of proof that are required in adjudicating affirmative asylum and credible fear cases.
The lesson also explains the operation of the burden of proof in the affirmative asylum process. This lesson explains who can serve as an interpreter, the role and responsibilities of an interpreter, factors that affect accuracy of interpretation, and how to facilitate communication through an interpreter. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.
A Brief History 2. Sources of Law 3. Elements of Asylum Law 4. The One-Year Filing Deadline 6. Withholding of Removal 7. Relief Under CAT 8.
Voluntary Departure 9. Real ID Act Safe Third Country Challenging Asylum Cases , Application Process Working with Asylum Seekers Elements of an Application Preparing the I Sample I Annotated Sample Declaration Corroborating Client-Specific Documents Corroborating Country Conditions Indexed Country Conditions Sample Sample Cover Letter Assembling Everything Affirmative Application Process Immigration Court Proceedings Board of Immigration Appeals Federal Court Review Detained Asylum Seekers Obtaining an Employment Authorization Document Asylee Status Withholding Status The One-Year Filing Deadline The information contained herein is for reference only and may not be up to date.
The applicant will need to establish the following three requirements: Demonstrate the existence or occurrence of the extraordinary circumstances; Show that the circumstances directly relate to the failure to file the application within the given one-year period; and Demonstrate the delay in filing was reasonable under the circumstances.
These are: Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the one-year period after arrival; or Legal disability e.
Asylum Procedures, 65 Fed. Matter of In re Y. AOBTC, supra note 2. It is not binding in the sense that if an Asylum Officer fails to follow the Manual and denies the application, the applicant will generally be placed in removal proceedings and receive a de novo hearing before an IJ who is not required to follow the Manual. The Manual can be persuasive in Immigration Court however. See also Tarrawally v. Ashcroft , F. United States AG , F.
INS , F. Lanza v. Sagaydak v. Gonzales , F. But if there is a determination regarding whether the applicant has met the requirements for changed or extraordinary circumstances, even if it is very abbreviated, federal courts will not have jurisdiction to review. See Sharari v. INS v. Cyr , U. Kanivets v. Riley , F. Although few guidelines have yet been set by case law interpreting the provisions of the act, both the Third and Ninth Circuit have recognized that the Act repeals all jurisdictional bars to direct review of constitutional claims and questions of law.
See Fernandez-Ruiz v. See also , updates on the American Immigration Law Foundation website, www. See also Kanivets v. In re: Bassel Marshi , File No. A A. Although there are no precedential cases which recognize HIV-positive status as creating membership in a particular social group, asylum has been granted in some cases where HIV persecution was an essential element of the application.
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