[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR208.15]

[Page 152]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of Contents
 
               Subpart A_Asylum and Withholding of Removal
 
Sec.  208.15  Definition of ``firm resettlement.''

    An alien is considered to be firmly resettled if, prior to arrival 
in the United States, he or she entered into another country with, or 
while in that country received, an offer of permanent resident status, 
citizenship, or some other type of permanent resettlement unless he or 
she establishes:
    (a) That his or her entry into that country was a necessary 
consequence of his or her flight from persecution, that he or she 
remained in that country only as long as was necessary to arrange onward 
travel, and that he or she did not establish significant ties in that 
country; or
    (b) That the conditions of his or her residence in that country were 
so substantially and consciously restricted by the authority of the 
country of refuge that he or she was not in fact resettled. In making 
his or her determination, the asylum officer or immigration judge shall 
consider the conditions under which other residents of the country live; 
the type of housing, whether permanent or temporary, made available to 
the refugee; the types and extent of employment available to the 
refugee; and the extent to which the refugee received permission to hold 
property and to enjoy other rights and privileges, such as travel 
documentation that includes a right of entry or reentry, education, 
public relief, or naturalization, ordinarily available to others 
resident in the country.

[65 FR 76135, Dec. 6, 2000]