Relocation in Asylum Cases

Posted by Inderraj SinghApr 29, 20220 Comments

In recent years, the use of relocation element as part of asylum analysis has created a mountain of case law and varying interpretations.  In other words, if you are seeking asylum in the United States, you must establish that relocation within the country where you suffered persecution is not reasonable nor safe. 

Relocation analysis consists of two steps: (1) Can a person relocate safely, and (2) would it be reasonable to require the person to relocate.  For a safe relocation internally, there must be an area of the country where a person has no well-founded fear of persecution.  If the applicant has established past-persecution, the burden is on the government to prove that the applicant can safely relocate within the applicant's native country. 

The analysis almost exclusively focuses on reasonableness of relocation.  While safety is an important aspect of relocation analysis, the reasonableness is perhaps the decisive factorthough both factors tie into each other.  There are several considerations relevant to the reasonableness determination, including (1) whether the applicant would face other serious harm in the place of suggested relocation; (2) any ongoing civil strife within the country; (3) administrative, economic, or judicial infrastructure; (4) geographical limitations; and (5) social and cultural constraints, such as age, gender, health, and social and familial ties.

The applicant must show that he or she will face persecution regardless of geographical limitations, that is, his or her political or religious activities in the future outside of their native geographical area will render any areawhether identified specifically or generally by the governmentdangerous and the applicant will suffer harm even after relocating to this new area outside of the geographical area where he or she initially suffered harm. 

In simple terms, an applicant must show that relocation, as proposed by the government, is not reasonable because future political or religious activities will render the newly proposed area for relocation neither safe nor can the applicant relocate to that area without  inviting harm based on his or her activities unless they stop their underlying political or religious activities. 

The Singh Law Office—a California Immigration lawyer—can help you protect your important immigration rights before the Court.  Inderraj Singh, Esq., aggressively fights for his clients and successfully appeared in immigration courts to protect the interests of his immigrant clients.

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