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· 7/1/2007

K-R-Y- and K-C-S

Citations

  • 24 I. & N. Dec. 133

Syllabus

K-R-Y- and K-C-S-, 24 I&N Dec. 133 (BIA 2007) ID 3560 (PDF) (1) The North Korean Human Rights Act of 2004, Pub. L. No. 108-333, 118 Stat. 1287, which provides that North Koreans cannot be barred from eligibility for asylum on account of any legal right to citizenship they may enjoy under the Constitution of South Korea, does not apply to North Koreans who have availed themselves of the right to citizenship in South Korea. (2) The respondents, natives of North Korea who became citizens of South Korea, are precluded from establishing eligibility for asylum as to North Korea on the basis of their firm resettlement in South Korea.

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