Bars to Asylum & Withholding of Removal and CAT
This lesson will discuss both bars to asylum as well as other types of relief short of asylum for persecuted noncitizens (withholding of removal and relief under the Convention Against Torture).
I. Traditional Bars to Asylum
There are several traditional bars to eligibility for asylum. They include:
• prior resettlement, other than on a temporary basis, in a third country before applying for asylum in the United States;
• having persecuted others in the applicant’s home country, except if that persecution was the result of duress;
• conviction of a particularly serious crime, including all aggravated felonies, or prior commission of a serious nonpolitical crime before...