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1 (December 18, 2017)

handle is hein.crs/crsmthmbdpq0001 and id is 1 raw text is: SCongressional ______ a Research Service informing the leg Isative debate since 1914 The Application of the One Central Reason Standard in Asylum and Withholding of Removal Cases Hillel R. Smith Legislative Attorney December 18, 2017 Under the Immigration and Nationality Act (INA), a non-U.S. national (alien) who fears persecution in his native country may be eligible for asylum or withholding of removal, two forms of relief from removal that potentially allow the alien to remain in the United States. Both applications require evidence linking the feared persecution to a statutorily protected ground. The asylum statute expressly requires the applicant to show that a protected ground is one central reason for the persecution (for applications filed after May 1, 2005). But the INA is silent as to whether this standard extends to withholding of removal. Nevertheless, most courts have-either expressly or by implication-extended the one central reason standard to withholding claims. In Barajas-Romero v. Lynch, however, the U.S. Court of Appeals for the Ninth Circuit held that Congress did not intend for the one central reason standard to apply to withholding of removal, creating a split among federal circuit courts regarding the extent and application of that standard. As a matter of practice, an alien who fears persecution if removed to a particular country typically applies for both asylum and withholding of removal (as well as a separate form of protection under the United Nations Convention Against Torture). However, the eligibility requirements for asylum and withholding of removal, and the benefits that each form of relief confers, are different. In general, there is a lower threshold necessary to prove asylum eligibility than withholding of removal. In addition, asylum recipients have a more permanent legal foothold in the country-including the ability to adjust to lawful permanent resident status after one year-than aliens granted withholding of removal, who may not adjust their status, and who may still be removed to a third country. And although certain aliens are statutorily barred from asylum and withholding of removal (e.g., certain criminal aliens, aliens who engaged in persecution), a broader category of these restrictions apply to asylum than withholding of removal. Congressional Research Service 7-5700 www.crs.gov LSB10046 CRS Legal Sidebar Prepared for Members and Committees of Conaress

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