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The Asylum Officer does not make a final determination whether an individual is subject to a mandatory bar to asylum or withholding of removal when determining whether an individual has established a credible fear of persecution or torture.  The Asylum Officer will note in the officer’s determination the possibility that a mandatory bar may apply.  When applicable, the Immigration Judge will consider whether the individual is barred from a grant of asylum or withholding of removal.  An individual may not be granted asylum or withholding of removal if he or she has persecuted others on account of race, religion, nationality, membership in a particular social group, or political opinion; has been convicted of a particularly serious crime; has committed a serious nonpolitical crime outside the United States; was firmly resettled; or there are reasonable grounds to believe that the individual is a danger to the security of the United States.  See §§208(b)(2)(A) and 241(b)(3)(B) of the INA and 8 CFR 208.16(d).  If a mandatory bar applies, but the individual has established that he or she would be tortured in the country of return, the Immigration Judge will grant deferral of removal.  See 8 CFR 208.17.

Last Reviewed/Updated: 
09/26/2008