The third 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 asylum claims for unaccompanied minors. 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, as well as the alternative protections to asylum—Withholding of Removal and protection under the Convention Against Torture—for those that do not qualify for asylum. Finally, the third edition of this publication includes a thorough overview of the procedural steps involved in filing an asylum claim, with new sections describing the process for unaccompanied minors and special considerations for working with children. 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.