8 U.S. Code § 1158 - Asylum

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 anUnited 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 1225(b) of this title.

Paragraph (1) shall not apply to an alien if the alien’s nationality or, in the case of an 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 (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 the alien’s arrival in the United States.

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.

An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates to the satisfaction of the (E) Applicability

Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child (as defined in section 279(g) of title 6).

No court shall have jurisdiction to review any determination of the (b) Conditions for granting asylum

The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 1101(a)(42)(A) of this title. 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.

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.

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.

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;

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

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

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

the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 1182(a)(3)(B)(i) of this title or section 1227(a)(4)(B) of this title (relating to terrorist activity), unless, in the case only of ansection 1182(a)(3)(B)(i) of this title, the Attorney General’s discretion, that there are not reasonable grounds for regarding the United States; or

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.

There shall be no judicial review of a determination of the (3) Treatment of spouse and children

A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) 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.

An asylum officer (as defined in section 1225(b)(1)(E) of this title) shall have initial jurisdiction over any asylum application filed by an unaccompaniedsection 279(g) of title 6), regardless of whether filed in accordance with this section or section 1225(b) of this title.

shall not remove or return the alien to the alien’s country of nationality or, in the case of a person having no nationality, the country of the alien’s last habitual residence;

the alien no longer meets the conditions described in subsection (b)(1) owing to a fundamental change in circumstances;

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 (D)

the alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality or, in the case of an alien having no nationality, the alien’s country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or

the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality.

An alien described in paragraph (2) is subject to any applicable grounds of inadmissibility or deportability under section [1] 1182(a) and 1227(a) of this title, and the alien’s removal or return shall be directed by the1229a and 1231 of this title.

An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the (3) Fees

The section 1159(b) of this title. Such fees shall not exceed the Attorney General’s costs in adjudicating the applications. The services provided to asylum applicants, or to limit the authority of the naturalization fees in accordance with section 1356(m) of this title.

(4) Notice of privilege of counsel and consequences of frivolous application At the time of filing an application for asylum, the (A)

advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and

provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis.

asylum cannot be granted until the identity of the applicant has been checked against all appropriate records or databases maintained by the State, including the Automated Visa Lookout System, to determine any grounds on which the (ii)

in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed;

in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed;

any administrative appeal shall be filed within 30 days of a decision granting or denying asylum, or within 30 days of the completion of removal proceedings before an immigration judge under section 1229a of this title, whichever is later; and

in the case of an applicant for asylum who fails without prior authorization or in the absence of exceptional circumstances to appear for an interview or hearing, including a hearing under section 1229a of this title, the application may be dismissed or the applicant may be otherwise sanctioned for such failure.

Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

The provisions of this section and section 1159(b) of this title shall apply to persons physically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international orJanuary 1, 2014 .

This chapter, referred to in subsec. (d)(5)(B), (6), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Subsec. (e). Pub. L. 110–229 added subsec. (e).

2005—Subsec. (b)(1). Pub. L. 109–13, § 101(a)(1), (2), designated existing provisions as subpar. (A), inserted subpar. heading, and substituted “The Secretary of Homeland Security or theSecretary of Homeland Security or thePub. L. 109–13, § 101(a)(3), added subpar. (B)

Subsec. (b)(2)(A)(v). Pub. L. 109–13, § 101(b), substituted “described in” for “inadmissible under” in two places and struck out “removable under” before “section 1227(a)(4)(B)”.

2002—Subsec. (b)(3). Pub. L. 107–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of anPub. L. 107–56 substituted “(III), (IV), or (VI)” for “(III), or (IV)”.

1996—Pub. L. 104–208 substituted “Asylum” for “Asylum procedure” as section catchline and amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (e).

1990—Subsec. (d). Pub. L. 101–649 added subsec. (d).

Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective Date note under section 1806 of Title 48.

The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect as if enacted on March 1, 2003 .

The amendments made by subsections (a)(3), (b), (c), and (d) [amending this section and sections 1229a and 1231 of this title] shall take effect on the date of the enactment of this division [ May 11, 2005 ] and shall apply to applications for asylum, withholding, or other relief from removal made on or after such date.”

Amendment by Pub. L. 107–208 effective Aug. 6, 2002 , and applicable to certain beneficiarysection 8 of Pub. L. 107–208, set out as a note under section 1151 of this title.

Amendment by Pub. L. 107–56 effective Oct. 26, 2001 , and applicable to actions taken by anOct. 26, 2001 , and to allsection 411(c) of Pub. L. 107–56, set out as a note under section 1182 of this title.

“The amendment made by subsection (a) [amending this section] shall apply to applications for asylum filed on or after the first day of the first month beginning more than 180 days after the date of the enactment of this Act [ Sept. 30, 1996 ].

Pub. L. 104–132, title IV, § 421(b), Apr. 24, 1996 , 110 Stat. 1270, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Apr. 24, 1996 ] and apply to asylum determinations made on or after such date.”

The amendment made by subsection (a)(1) [amending this section] shall apply to Nov. 29, 1990 ] and to applications for asylum made on or after such date.

Section effective Mar. 17, 1980 , and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979 , see section 204 of Pub. L. 96–212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title.

The requirements of chapter 5 of title 5,Administrative Procedure Act’), chapter 35 of title 44,Paperwork Reduction Act’), or any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement paragraph (1) to the extent the Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and section 1551 of this title.

[Amended this section.]

“(c) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section—