The second edition of this comprehensive survey of the basic elements of asylum law now includes a thorough overview of asylum procedure, complete with practice tips for preparing and presenting an asylum claim. This publication is intended for advocates who want to understand the law and are new to representing asylum clients, as well as for seasoned practitioners needing a thorough review of current standards.
Combining up-to-date case law, cutting edge legal arguments on currently developing issues and decades of expertise from accomplished practitioners who have successfully represented clients through the years, Essentials of Asylum Law offers an expansive explanation of the legal theories and rules underpinning current asylum claims. The manual explores each of the legal elements of an asylum claim, beginning with the definition of persecution and the requirements to demonstrate a “well-founded fear” of persecution. An extensive discussion of the five enumerated grounds follows, including a detailed overview of the nexus requirement and the most cutting edge particular social groups. The legal bars to asylum are explored at length, including statutory and procedural bars, along with an explanation of the corresponding waivers and exceptions. Furthermore, the manual also discusses and distinguishes the alternative protections to asylum of Withholding of Removal and protection under the Convention Against Torture. Finally, the second edition of this publication now includes a thorough overview of the procedural steps involved in filing an asylum claim. It explores both the affirmative application process through a claim filed with the U.S. Citizenship and Immigration Services and the defensive application process in immigration court.