This publication provides an overview of asylum law for advocates new to representing asylum clients, as well as for seasoned practitioners needing a thorough review of current standards.
Combining up-to-date case law, innovative 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 current formulations of particular social groups. This guide also explores the bars to asylum, as well as alternative relief options—Withholding of Removal and protection under the Convention Against Torture—for those that do not qualify for asylum. Finally, the fourth edition of this publication 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, including updates under the current administration.