Successfully Litigating Asylum Claims Before the Immigration Court, Part 1: The Legal Elements of Asylum

You have accepted representation in a defensive asylum case before the immigration court - now what?

This is the first session of a two-part training series designed to equip advocates with the necessary knowledge and skills to successfully litigate defensive asylum claims before the immigration court. Through a comprehensive and interactive approach, participants will learn all aspects of the defensive asylum process, from accepting the case to the final individual hearing. Participants will learn what to expect at each hearing and how to prepare their clients to provide compelling and detailed testimony while balancing the impact of trauma on memory.

Part 1 will explore the legal elements of asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"), comparing the differences in eligibility and benefits. Participants will learn how to define persecution, distinguish among the five protected grounds, construct a cognizable particular social group, and argue the lack of government protection in cases of state and non-state persecutors. The bars to asylum, withholding of removal, and CAT will also be discussed, allowing participants to determine which form(s) of relief are and are not available to their clients.

Key takeaways from this training series include a thorough understanding of the defensive asylum process, strategies for effectively representing asylum seekers, and practical skills for navigating the immigration court system. This training presumes some familiarity with immigration law but is intended for beginner to intermediate-level defensive asylum practitioners.


Learning Objectives:

1. Review the legal elements of asylum and other fears-of-return claims under U.S. law
2. Effectively screen potential clients for asylum, withholding of removal, and CAT eligibility
3. Develop a legally sound theory of the case, including identifying protected ground(s) and nexus