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Video 2 of 2
Link to power point file for the slideshow
UNIT 1
INTRODUCTION TO ASYLUM LAW: Objective is for the reader to gain a basic understanding of core asylum law concepts. The target reader is a non-immigration practitioner who is unfamiliar with asylum law. The materials below provide broad overview of the entire asylum process. The presentations are quite long and the manuals are comprehensive. Some of the more complicated elements in the asylum definition will be covered again below in Units 2-5.
- Recording: National Immigration Justice Center (NIJC) Asylum Law Training (this is a three hour training that provides an introduction to basic legal terms, key case law and some basics about how to work with a client to prepare an asylum case). Find more about this organization at: https://immigrantjustice.org/ Direct Link to Training: https://www.youtube.com/watch?v=70v7-2PZgTk
- Recording: The Advocates for Human Rights: Asylum Basics Training (this is a two hour training that provides an overview of asylum law and asylum practice). Find more about this organization at: http://www.theadvocatesforhumanrights.org Direct Link to Training: https://www.youtube.com/watch?v=FLUIyacQ33E&feature=youtu.be
- Recording: Center for Excellence: Asylum Tactical Training- Overview of Asylum Law. Find more about this organization at: https://innovationlawlab.org/center-of-excellence-training/ Direct link to video: https://vimeo.com/174455145
- Downloadable Print PDF Manual: USCIS Asylum Law Training Manual: Definition of Refugee
- Downloadable Print PDF/E Manual: Immigration Equality Asylum Manual (with units that focus on claims filed by LGBTQ and HIV positive asylum seekers) https://immigrationequality.org/asylum/asylum-manual/
- Downloadable Article on Asylum Made Available by Center for Excellence:
- Legal Guide on Asylum Claims by Michelle Mendez: https://innovationlawlab.org/center-of-excellence-training/
- For Purchase: Essentials of Asylum Law by Immigrant Legal Resource Center: https://www.ilrc.org/essentials-of-asylum-law
- For Purchase: American Immigration Lawyer Association’s Asylum Law Primer: https://agora.aila.org/product/detail/3952
UNIT 2
PERSECUTION AND THE PERSECUTOR: The asylum standard requires a client to prove that the client is “unable to return… because of persecution OR a well-founded fear of persecution.” This unit will discuss the types of harm that qualify as persecution. There is also a discussion of the persecutor i.e. the individual who has harmed or could harm the asylum applicant. The objective is to learn more about both legal concepts and how they affect eligibility for asylum.
- Recording: Center for Excellence Asylum Tactical Training: Past Persecution vs. Future Persecution https://innovationlawlab.org/center-of-excellence-training/ Direct link to video: https://vimeo.com/174162854
- Downloadable Print PDF Manual: USCIS Training Manual: Chapter on Past Persecution
- Downloadable Print PDF Case Law that Defines Persecution: Matter of Acosta 19 I&N Dec. 211 (BIA 1985)
- Recording: Center for Excellence Asylum Tactical Training: Persecutor (how the identity of the persecutor is relevant to the claim). Direct link: https://vimeo.com/174130272
UNIT 3
WELL FOUNDED FEAR: In order to win an asylum claim, the clients must prove they have a well founded fear of persecution. The well founded fear can arise because of a past experience of harm i.e. past persecution or because of a credible fear of future persecution. A well-founded fear must be subjectively genuine and objectively reasonable. The objective of this unit is to understand how to prove those two elements.
- Recording: Center for Excellence Asylum Tactical Training: Well Founded Fear (see more at https://innovationlawlab.org/center-of-excellence-training/) direct link to video: https://vimeo.com/174166881
- Downloadable Print PDF Manual: USCIS Training Manual: Chapter on Well Founded Fear
UNIT 4
ON ACCOUNT OF: Asylum case law requires that applicants prove that they fear persecution ‘on account’ a grounds protected by law. The five different protected grounds are covered below in Unit 5. In this unit, the objective is to learn more about the concept of ‘nexus’ and the burden of proof that asylum applicants have to prove that the harm that they fear is ‘on account of’ a protected grounds.
- Recording: National Immigration Law Center (NILC) Establishing Nexus in Asylum Cases: https://www.youtube.com/watch?v=EoI_ny1luP0
- Recording: Center for Excellence Asylum Tactical Training: Nexus (see more at https://innovationlawlab.org/center-of-excellence-training/) direct link to video:https://vimeo.com/174617576
- Downloadable PDF: USCIS Training Manual on Nexus and the Protected Grounds.
UNIT 5
PROTECTED GROUNDS: RACE, RELIGION, NATIONAL ORIGIN, POLITICAL OPINION, MEMBERSHIP IN A PARTICULAR SOCIAL GROUP: The objective of this unit is to gain a better understanding of the five protected grounds and how asylum claims work. This unit will discuss examples of several types of asylum claims regarding political opinion, religion and social group. This will help the reader understand how to tie all the concepts together by learning how to articulate the harm, identify the persecutor, and prove the nexus between the feared harm and the protected ground.
- RACE, NATIONAL ORIGIN AND RELIGION:
- Recording: Center for Excellence Asylum Tactical Training: Race, National Origin and Religion (see more at https://innovationlawlab.org/center-of-excellence-training/) direct link to video: https://vimeo.com/174533655
- Case Law Example for Religion:
- POLITICAL OPINION:
- Recording: Center for Excellence Asylum Tactical Training: Religion (see more at https://innovationlawlab.org/center-of-excellence-training/) direct link to video: https://vimeo.com/174306765
- Case Law Example on Imputed Political Opinion:
- PARTICULAR SOCIAL GROUP:
- BASIC DEFINITION:
- Recording: Center for Excellence Asylum Tactical Training: Particular Social Group (see more at https://innovationlawlab.org/center-of-excellence-training/) direct link to video:Recording: https://vimeo.com/174312137
- Downloadable PDF Article: National Immigrant Justice Center on Social Group (caution this area of law is developing quickly and some concepts may be out of date, but the basic legal framework discussed is helpful for beginners).
- SOCIAL GROUP: GENDER
- ****CAUTION**** The case law on this topic is in flux. The materials below have good basic information, but they discuss case law that is not final and they may reference litigation tips or guides that are no longer valid.
- Recordings and Training Manuals Published by ASISTA (2016)
- Link to NILC Guides and Updates on Developing Asylum Cases Regarding Gender with DV as a form of Persecution.
- SOCIAL GROUP: FAMILY
- Recording: NILC Focus on Asylum Claims Based on Fear of Gang/Cartel: https://www.youtube.com/watch?v=1Ahc_6MeoEQ
- SOCIAL GROUP: LGBTQ
- Recording: NILC Focus on LGBTQ Asylum Cases: https://www.youtube.com/watch?v=ZWW6WDuY40c
- Recording: The Advocates for Human Rights: Asylum Basics for LGBTQ (3 hour training):
- Downloadable Print PDF/E Manual: Immigration Equality Asylum Manual (with units that focus on claims filed by LGBTQ and HIV positive asylum seekers) https://immigrationequality.org/asylum/asylum-manual/
- BASIC DEFINITION:
UNIT 6
ASYLUM PRACTICE: This unit will discuss some of the basics about how to develop a case and work with a client.
- Basics:
- Recording: NILC on How to Prepare and Present Asylum Case (1.5 hrs) https://www.youtube.com/watch?v=fcghw6F2EZk&feature=youtu.be
- Guides and Resources for Researching Country Conditions:
- Library Guides to Country Condition Research:
- Non Profit Guides:
- International Gay and Lesbian Human Rights Commission
- Refworld (Guide to international decisions, UNHCR reports and many other academic reports regarding country conditions).
- Center for Refugee and Gender Studies (CRGS)
- Tips for Working with Clients and Preparing for Court:
- Credibility:
- Recording: Center for Excellence on Client Credibility: Direct link: https://vimeo.com/174911296
- Guide to Declarations:
- How to Develop Direct Testimony:
- Recording: Center for Excellence: Expert Testimony: https://vimeo.com/200433909
- Recording: ABA’s Children’s Immigration Law Academy (CILA): Working with Experts: http://www.cilacademy.org/trainings/webinars/
- Trial Tips:
- Recording: ABA’s Children’s Immigration Law Academy (CILA): See Webinars on Trial Advocacy, Working with Experts and How to Work With Children and How to Identify Capacity Issues: http://www.cilacademy.org/trainings/webinars/
- Credibility:
- Ethical Issues/Trauma Informed Lawyering:
- Working with Children and Clients of Diminished Capacity:
- Recording: ABA’s Children’s Immigration Law Academy (CILA): http://www.cilacademy.org/trainings/webinars/
- Trauma informed lawyering:
- Working with an Interpreter:
- Working with Children and Clients of Diminished Capacity: