[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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

 

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]



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