14 Feb 2023

102

How to Apply for Asylum in the United States

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Academic level: College

Paper type: Essay (Any Type)

Words: 296

Pages: 1

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The parties involved include C-A-L, who was seeking asylum in the US by claiming that he would be killed if he continued staying in Guatemala, and the US. Previously, he was a soldier in the army, and when he left the military, guerrillas who came across his records reached out to him to recruit him (21 I&N Dec. 754 [BIA 1997]). He ran away, and they killed a friend who was also a former soldier who had received the same communication from the guerilla group. The respondent is in fear that he will also be killed if the guerilla group gets to him in Guatemala. The case was heard by the Immigration Court, which is the lower court in immigration cases (Hawkins, 2018). It denied the asylum request. Additionally, the Board dismissed the appeal. According to the Board, the respondent had not provided sufficient proof to show that he was in danger throughout Guatemala since he had managed to stay in other towns and he was not in danger. A case that was used by the court to help in their decision-making is Rojas v. INS, 937 F.2d 186, 190 n.1 (5th Cir. 1991). C-A-L’s appeal was denied, and he was given thirty days to return home or face deportation. The case will most definitely have an impact on the society currently and in the future. Based on this particular case, asylum applicants will always be forced to crosscheck whether their reasons for seeking asylum are within the grounds that are listed in the Immigration and Nationality Act (Blank, 2019). Instead of moving to the US anytime an individual believes that they are in danger, they should exhaust all other options of seeking a safe place to stay within the country before deciding to move (Wheaton, 2018). In this way, all the parties involved save a lot of time and resources that are wasted in lengthy court sessions. 

References 

Blank, H. (2019). Seeking Asylum: Immigration Law in the Context of Human Rights. 

Hawkins, D. (2018). Immigration Jurisdiction.  Wisconsin Law Journal

Matter of C-A -L- , 21 I&N Dec. 754 (BIA 1997). 

Wheaton, E. M. (2018). Economics of seeking asylum. In  The Economics of Human Rights  (pp. 

128-153). Routledge. 

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StudyBounty. (2023, September 14). How to Apply for Asylum in the United States.
https://studybounty.com/how-to-apply-for-asylum-in-the-united-states-essay

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