The law provides for asylum of an alien if the individual can prove he or she was persecuted or feared persecution in his or her home country based on his or her religion, political opinion, nationality, race or membership in a particular social group. An Individual who fears torture may also qualify for relief.
Examples of persecution are: confinement, torture (physical or mental), home invasions, rape, murder, death threats, multiple robberies, confiscation of personal property, abuse on account of sexual orientation, and abusive custodial interrogation. Persecution must be inflicted either by the government or by persons or organizations the government is unable or unwilling to control. You need not have actually suffered persecution in the past to qualify for asylum.
- Cancellation of Removal Proceedings
An alien may qualify for withholding of deportation or cancellation of removal proceedings if he or she satisfies the preliminary criteria and the positive factors of his or her permanent stay outweigh the negative factors so as to persuade an Immigration Judge to grant discretionary relief.
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