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Section 101(a)(42) of INA
Section 208(a) and (b) of the INA
Section 241(b)(3) of the INA
8 CFR 208.6
8 CFR 1208.6



Immigration and Nationality Act

Sec. 101(a)

* * * * * 

(42) The term "refugee" means:

(A) any person who is outside any country of  such person's nationality or, in the case of a person having  no nationality,is outside any country in which such person  last habitually resided, and who is unable or unwilling to  return to, and is unable or unwilling to avail himself or  herself of the protection of, that country because of  persecution or a well-founded fear of persecution on account  of race, religion, nationality, membership in a particular  social group, or political opinion, or

(B) in such circumstances as the President  after appropriate consultation (as defined in section 207(e)  of this Act) may specify, any person who is within the  country of such person's nationality or, in the case of a  person having no nationality, within the country in which  such person is habitually residing, and who is persecuted or  who has a well-founded fear of persecution on account of  race, religion, nationality, membership in a particular  social group, or political opinion. The term "refugee" does  not include any person who ordered, incited, assisted, or  otherwise partcipated in the persecution of any person on  account of race, religion, nationality, membership in a  particular social group, or political opinion.  For purposes  of determinations under this Act, a person who has been  forced to abort a pregnancy or to undergo involuntary  sterilization, or who has been persecuted for failure or  refusal to undergo such a procedure or for other resistance  to a coercive population control program, shall be deemed to  have been persecuted on account of political opinion, and a  person who has a well founded fear that he or she will be  forced to undergo such a procedure or subject to persecution  for such failure, refusal, or resistance shall bedeemed to  have a well founded fear of persecution on account of  political opinion. 5/


Sec. 208.(a) Authority to Apply for Asylum.-

(1) In general. - Any alien who is physically  present in the United States or who arrives in the  United States (whether or not at a designated port of  arrival and including an alien who is brought to the  United States after having been interdicted in  international or United States waters), irrespective of  such alien's status, may apply for asylum in accordance  with this section or, where applicable, section 235(b).

(2) Exceptions. - 

(A) Safe third country. - Paragraph (1) shall not  apply to an alien if the Attorney General  determines that the alien may be removed, pursuant  to a bilateral or multilateral agreement, to a  country (other than the country of the alien's  nationality or, in the case of an alien having no  nationality, the country of the alien's last  habitual residence) in which the alien's life or  freedom would not be threatened on account of  race, religion, nationality, membership in a  particular social group, or political opinion, and  where the alien would have access to a full and  fair procedure for determining a claim to asylum  or equivalent temporary protection, unless the  Attorney General finds that it is in the public  interest for the alien to receive asylum in the  United States.

(B) Time limit. - Subject to subparagraph (D),  paragraph (1) shall not apply to an alien unless  the alien demonstrates by clear and convincing  evidence that the application has been filed  within 1 year after the date of alien's arrival in  the United States.

(C) Previous asylum applications. - Subject to  subparagraph (D), paragraph (1) shall not apply to  an alien if the alien has previously applied for  asylum and had such application denied.

(D) Changed conditions. - An application for  asylum of an alien may be considered,  notwithstanding subparagraphs (B) and (C), if the  alien demonstrates to the satisfaction of the  Attorney General either the existence of changed  circumstances which materially affect the  applicant's eligibility for asylum or  extraordinary circumstances relating to the delay  in filing the application within the period  specified in subparagraph (B).

(3) Limitation on judicial review.¾No court shall have  jurisdiction to review any determination of the  Attorney General under paragraph (2).

(b) Conditions for Granting Asylum. - 

(1) In general. - 4/ (A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by 4/ the Secretary of Homeland Security or the Attorney General under this section if 4/ the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A).

(B) 4/ BURDEN OF PROOF-

(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.

(ii) SUSTAINING BURDEN- The testimony of the applicant may be sufficient to sustain the applicant's burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant's testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant's burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence.

(iii) CREDIBILITY DETERMINATION- Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.

(2) Exceptions. - 

(A) In general. - Paragraph (1) shall not apply  to an alien if the Attorney General determines  that -

(i) the alien ordered, incited,  assisted, or otherwise participated in the  persecution of any person on account of race,  religion, nationality, membership in a  particular social group, or political  opinion;

(ii) the alien, having been convicted by  a final judgment of a particularly serious  crime, constitutes a danger to the community  of the United States;

(iii) there are serious reasons for  believing that the alien has committed a  serious nonpolitical crime outside the United  States prior to the arrival of the alien in  the United States;

(iv) there are reasonable grounds for  regarding the alien as a danger to the  security of the United States;

(v) the alien is 5/ described in subclause (I), (II), (III), (IV), or (VI) 2/ of section 212(a)(3)(B)(i) or section 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an alien 5/ described in subclause (IV) of section 212(a)(3)(B)(i), the Attorney General determines, in the Attorney General's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or

(vi) the alien was firmly resettled in  another country prior to arriving in the  United States.

(B) Special rules.-

(i) Conviction of aggravated felony. - For  purposes of clause (ii) of subparagraph (A),  an alien who has been convicted of an  aggravated felony shall be considered to have  been convicted of a particularly serious  crime.

(ii) Offenses. - The Attorney General may  designate by regulation offenses that will be  considered to be a crime described in clause  (ii) or (iii) of subparagraph (A).

(C) Additional limitations. - The Attorney General  may by regulation establish additional limitations  and conditions, consistent with this section,  under which an alien shall be ineligible for  asylum under paragraph (1).

(D) No judicial review. - There shall be no  judicial review of a determination of the Attorney  General under subparagraph (A)(v).

3/ (3) TREATMENT OF SPOUSE AND CHILDREN-

(A) IN GENERAL- A spouse or child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.

(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN- An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 209(b)(3), if the alien attained 21 years of age after such application was filed but while it was pending.

Sec. 241.

(b) Countries to Which Aliens May Be Removed.-

* * * * * 
(3) Restriction on removal to a country where alien's life or   freedom would be threatened.-

(A) In general.-Notwithstanding paragraphs (1)  and (2), the  Attorney General may not remove an  alien to a country if the Attorney  General  decides that the alien's life or freedom would be  threatened  in that country because of the alien's  race, religion, nationality,  membership in a  particular social group, or political opinion.

(B) Exception.-Subparagraph (A) does not apply  to an alien  deportable under section 237(a)(4)(D)  or if the Attorney General  decides that-

(i) the alien ordered, incited,  assisted, or otherwise  participated in the  persecution of an individual because of the   individual's race, religion, nationality,  membership in a  particular social group, or  political opinion;

(ii) the alien, having been convicted by  a final judgment of a particularly serious  crime, is a danger to the community of the  United States;

(iii) there are serious reasons to  believe that the alien committed a serious  nonpolitical crime outside the United States  before the alien arrived in the United  States; or

 (iv) there are reasonable grounds to  believe that the alien is a danger to the  security of the United States.

6/ (C) SUSTAINING BURDEN OF PROOF; CREDIBILITY DETERMINATIONS- In determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph (A), the trier of fact shall determine whether the alien has sustained the alien's burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) of section 208(b)(1)(B).

For purposes of clause (ii), an alien who has been  convicted of an aggravated felony (or felonies) for  which the alien has been sentenced to an aggregate term  of imprisonment of at least 5 years shall be considered  to have committed a particularly serious crime.  The  previous sentence shall not preclude the Attorney  General from determining that, notwithstanding the  length of sentence imposed, an alien has been convicted  of a particularly serious crime.  For purposes of   clause (iv), an alien who is described in section  237(a)(4)(B) shall be considered to be an alien with  respect to whom there are reasonable grounds for  regarding as a danger to the security of the United  States.

Code of Federal Regulations (8 CFR)

Sec. 208.6  Disclosure to third parties. 

	(a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General.
    
	(b) The confidentiality of other records kept by the Service and the Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.
    
	(c) This section shall not apply to any disclosure to:
   
	(1) Any United States Government official or contractor having a need to examine information in connection with:
   
	(i) The adjudication of asylum applications;
   
	(ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review;
    
	(iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under § 208.30 or § 208.31;
    
	(iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or
   
	(v) Any United States Government investigation concerning any criminal or civil matter; or
    
	(2) Any Federal, State, or local court in the United States considering any legal action:
    
	(i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under § 208.30 or § 208.31; or
   
	 (ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part.


Sec. 1208.6  Disclosure to third parties. 

	(a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General.
    
	(b) The confidentiality of other records kept by the Service and the Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.
    
	(c) This section shall not apply to any disclosure to:
   
	(1) Any United States Government official or contractor having a need to examine information in connection with:
   
	(i) The adjudication of asylum applications;
   
	(ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review;
    
	(iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under § 208.30 or § 208.31;
    
	(iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or
   
	(v) Any United States Government investigation concerning any criminal or civil matter; or
    
	(2) Any Federal, State, or local court in the United States considering any legal action:
    
	(i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under § 208.30 or § 208.31; or
   
	 (ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part.