HOW TO APPLY FOR ASYLUM - The Florence Project

If there is evidence that will help the judge understand why you committed the crime or why the crime
was less serious than it may appear, you should give it to the judge and DHS. For example, if you were
suffering from emotional problems when you committed the crime and you have seen a doctor or counselor
for this problem, you should get a letter from that person to give to the judge explaining your condition. If
there are papers about the crime that will tend to show that you are not dangerous, such as a letter from your
criminal lawyer or from someone who was there when you committed your crime, give them to the judge and
DHS. But get and file these papers as soon as you can, because the judge might make this decision early on in
your case before hearing about the reasons you are afraid to return to your country.
If you lose your case because the judge decided your crime was a particularly serious one, and if you disagree
with this decision and want to appeal, you can say in your appeal that the judge made a mistake in deciding that
your crime was particularly serious, and you can explain why. We discuss appeals toward the end of this
booklet.
• What if I am denied asylum or withholding of removal because of my crime or crimes, but I have
good reason to fear torture by my government
As we said before, if you are afraid that your government or a government official will torture you,
you may be able to avoid being removed by applying for withholding of removal protection under
Article 3 of the United Nations Convention Against Torture (CAT). This may be true even if you
have a serious criminal conviction. We discuss this form of protection in more detail below.
• What is the rule for someone who has persecuted someone else
If you participated in the persecution of someone because of that person's political opinion, particular social
group, race, nationality, or religion you do not qualify for asylum or withholding of removal. This is true even if
you were acting under orders of your superior. However, fighting in battles against other soldiers or guerrillas is
not persecution.
• Can the judge deny me asylum or withholding of removal for other crimes or acts
If you have criminal convictions, as we mentioned before, you are not eligible to receive asylum or withholding
of removal if the judge decides that your crimes are: “particularly serious;” that you participated in the
persecution of others because of one of the five protected grounds; that you committed a serious crime outside
of the U.S. that was not a political crime; or that you are considered a terrorist or a danger to the security of the
United States. Additionally, if you participated in genocide, torture, or extra-judicial killings, you are also not
eligible for withholding. Because asylum is a discretionary form of relief, if the judge decides your crimes are
not “particularly serious,” he or she can still take your crimes into account when deciding whether you deserve
asylum. The judge can also consider other negative things about you, like if you used false papers to get into the
country or to work. But the judge also has to take into account other things, such as the danger you would face
in your country if removed, your health, your age, and your family ties in the United States.
As for withholding of removal under INA section 241(b)(3), if you:
• did not commit a “particularly serious crime”;
• did not participate in the persecution of others because of one of the five protected grounds;
• did not commit a serious crime outside of the U.S. that was not a political crime;
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FIRRP- last update June 2007