In a precedent decision, the BIA sustained in part the respondent’s appeal, holding that if an asylum applicant has mental competency issues that affect the reliability of his testimony, then the Immigration Judge should, as a safeguard, generally accept the applicant’s fear of harm as subjectively genuine based on the applicant’s perception of events.aslu
What if the applicant in asylum has mental issues?
Related Posts
Acting Attorney General Issues New Decision in Matter of A—B
The acting attorney general provided additional guidance on asylum cases involving applicants who claim persecution by non-governmental actors and membership in a particular social group and remanded…
Ninth Circuit Vacates and Remands BIA’s Decision in Matter of E—R—A—L—
The Ninth Circuit issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E—R—A—L—, which pertains to establishing a particular social group based on landownership, and granted the government’s motion to remand to the BIA for further proceedings.
Feds expand in-person interviews of asylum-seekers.
USCIS revealed a new policy on Monday that would significantly expand the in-person interview requirement for asylum-seekers and refugees trying to gain lawful status for their…
USCIS updates discretionary criteria for interview determinations of adjustment of status for refugees or asylees.
USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485 based on refugee or asylee status. The…
DHS and DOJ Publish Final Rule Barring from Asylum Eligibility Individuals Who Transit Through a Third Country Without Seeking Protection
DHS and DOJ published a final rule that finalizes, with minor changes, the interim final rule published on July 16, 2019, that barred from asylum eligibility individuals who transit…