ABSTRACT

Overview of the Statutory Bars to Asylum: Limitations on Granting Asylum (Part Two) [September 7, 2022]   [open pdf - 760KB]

From the Document: "Under Section 208 of the Immigration and Nationality Act [hyperlink] (INA), 8 U.S.C. [United States Code] § [section] 1158(a)(1), a non-U.S. national ('alien' as the term is used in the INA) who is physically present in the United States or who arrives in the United States (whether or not at a designated U.S. port of entry) may pursue asylum, regardless of that person's immigration status or manner of entry into the country. INA § 208, however, renders some asylum seekers [hyperlink] ineligible to apply for asylum or to be granted asylum. [...] An alien who might otherwise qualify for asylum relief may still be ineligible for asylum because of certain mandatory bars under INA § 208(b)(2), 8 U.S.C. § 1158(b)(2). If the government presents evidence that one or more of these bars applies, the asylum applicant must prove by a preponderance of the evidence (i.e., more likely than not) that the bar does not apply. [...] This Legal Sidebar, which discusses the mandatory bars to a grant of asylum, is the second in a two-part series discussing the statutory asylum restrictions."

Report Number:
CRS Legal Sidebar, LSB10816
Author:
Publisher:
Date:
2022-09-07
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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