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Basics of Asylum Law

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Persecution

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A severe violation of human rights targeted at a specific individual or group due to race, religion, nationality, political opinion, or membership in a particular social group.

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Refugee

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A person who has been forced to leave their country in order to escape war, persecution, or natural disaster and has been legally recognized to receive protection.

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Asylum Seeker

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An individual who is seeking international protection from dangers in their home country, but whose claim for refugee status has not yet been legally recognized.

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Credible Fear

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A standard used in asylum law where an asylum seeker must demonstrate that there is a significant possibility they will be persecuted due to race, religion, nationality, membership in a particular social group, or political opinion if returned to their home country.

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Reasonable Fear

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A standard used in expedited removal proceedings where an individual who has previously been deported expresses fear of returning to their home country. Their fear must be reasonable to qualify for further asylum claim assessment.

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Expedited Removal

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A process that allows the Department of Homeland Security to rapidly deport certain individuals without allowing them to appear before an immigration judge.

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Internal Relocation

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A principle in asylum law where an asylum seeker may be denied status if it is reasonable to expect the individual to avoid persecution by relocating to another part of their home country.

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Nexus to a Protected Ground

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The connection that must exist between the persecution an asylum seeker faces and one of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.

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Convention Against Torture (CAT)

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An international human rights treaty which aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

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Withholding of Removal

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A form of protection where an individual is not granted full asylum status but is allowed to remain in the host country because they face a threat to their life or freedom in their home country.

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Affirmative Asylum Process

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The procedure by which an individual who is physically present in the United States may apply for asylum through the U.S. Citizenship and Immigration Services, regardless of how they arrived in the country.

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Defensive Asylum Process

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The process by which a person requests asylum as a defense against removal from the United States in immigration court before an immigration judge.

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One-Year Filing Deadline

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The requirement that asylum seekers must apply for asylum within one year of their arrival to the United States unless there are extraordinary circumstances that justify a delay.

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Bar to Asylum

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Certain conditions under which an individual is not eligible for asylum, such as being convicted of a serious crime or having firmly resettled in another country before arriving in the U.S.

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Particular Social Group

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A group of individuals who share a common, immutable characteristic that is so fundamental to their identities or consciences that they should not be forced to change it.

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