INA §208.13 Establishing asylum eligibility See INA §208.13 (a) Burden of proof. The burden of proof is on the applicant for asylum to establish that he or she is a refugee as defined in section 101(a)(42) of the Act. The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof … Read more
Types of Asylum Legal Authorities Alternatives to Asylum INA §208.13, Establishing Eligibility Types of Asylum Affirmative Asylum When a noncitizen applies for asylum before they are in removal proceedings Defensive Asylum When a non-citizen is already in removal proceedings when they apply for asylum. Legal Authorities Statutes Immigration and Nationality Act (INA) INA §§ 101(a)(42)(A), … Read more