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· 7/1/2012

D-X- & Y-Z

Citations

  • 25 I. & N. Dec. 664

Syllabus

D-X- & Y-Z-, 25 I&N Dec. 664 (BIA 2012) ID 3737 (PDF) (1) A facially valid permit to reside in a third country constitutes prima facie evidence of an offer of firm resettlement pursuant to section 208(b)(2)(A)(vi) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(2)(A)(vi) (2006), even if the permit was fraudulently obtained. (2) Where an asylum applicant who has resettled in a third country travels to the United States or the country of claimed persecution and then returns to the country of resettlement, he or she has not remained in that country \only as long aswas necessary to arrange onward travel\ for purposes of establishing an exception to firmresettlement pursuant to 8 C.F.R. § 1208.15(a) (2011).

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