Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

John, an undocumented immigrant, or alien has been living in the United States for a few years now. John has contacted our office to assist

John, an undocumented immigrant, or alien has been living in the United States for a few years now. John has contacted our office to assist with filing an asylum request. Some key facts to consider are that John was an elected official in his home country and rebel troops overthrew the government while John was in office. John fled to Canada and entered the U.S. via the U.S.-Canada border by walking across. "Asylum is a protection grantable to foreign nationals already in the United States or arriving at the border who meet the international law definition of a "refugee." The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future "on account of race, religion, nationality, membership in a particular social group, or political opinion. "To qualify for asylum in the U.S. an individual must meet certain requirements" (Asylum, 2022). To file for asylum once already in the U.S., an individual must make the request within 1 year of arrival into the U.S. In John's case he has passed the 1-year threshold and his application will be dismissed as untimely. "An asylum applicant must "demonstrate [ ] by clear and convincing evidence that the application has been filed within 1 year after the date of the alien's arrival in the United States." 8 U.S.C. 1158(a)(2)(B). Nevertheless, the agency may consider the application if the applicant demonstrates "either the existence of changed circumstances which materially affect the applicant's eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within" one year. Id. 1158(a)(2)(D)." Fisenko v. Lynch, 826 F.3d 287, 290 (6th Cir. 2016)

response and argue why john deserve asylum . cite similar cases.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

While John may have missed the oneyear deadline for filing an asylum application there are compelling reasons why he should still be considered for as... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Introduction To Business Law

Authors: Jeff Rey F. Beatty, Susan S. Samuelson

3rd Edition

978-0324826999, 0324826990

More Books

Students also viewed these Law questions