Urias-Orellana v. Bondi · ¶11

Under the INA, the U. S. Government “may grant asylum” to a noncitizen if it “determines” that he “is a refugee.” 8 U. S. C. § 1158(b)(1)(A). An asylum seeker qualifes as a “refugee,” and is thus eligible for asylum, if he “is unable or unwilling to return” to his country of nationality “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” § 1101(a)(42)(A). An asylum seeker can submit an affrmative application to the Department of Homeland Security, see § 1158(a), or raise asylum eligibility as a defense to removal proceedings before an IJ, see § 1229a(c)(4). Urias-Orellana and his family chose the latter path: When the Government initiated removal proceedings against them, they defended by asserting asylum eligibility.

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