Essentials of Asylum Law. This comprehensive survey of the basic elements of an asylum claim 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. While this publication does not cover asylum procedure, it does provide a brief introduction to the history of asylum law, defines persecution and explains 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 most cutting-edge particular social groups based on gender, gender identity, sexual orientation, gang membership and family or clan affiliation. The legal bars to asylum are explored at length, including an explanation of how aggravated felonies and other crimes fit under the rubric of criminal bars to asylum and how the terrorism bars and the corresponding waivers apply to real cases. The procedural bars to asylum are also discussed, such as the one-year deadline and the corresponding exceptions, as well as the alternative protections to asylum of withholding of removal and protection under the Convention Against Torture.