(B)  Related Forms of Relief.  There are other forms of relief for persons facing severe problems in the home country, including Temporary Protected Status,[240] Deferred Enforced Departure,[241] and country-specific legislation.[242]

[240] See § 24.25, infra.

[241] Ibid.

[242] Such as NACARA.  See § 24.12, supra.

BIA

RELIEF " ASYLUM " FILING DATE
Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015) (where noncitizens first asylum application was filed before May 11, 2005, and a second application was submitted after that date, the filing date later application controls if it is properly viewed as a new application).

RELIEF " ASYLUM " TERMINATION " FRAUD
Matter of PSH, 26 I&N Dec. 329 (BIA 2014) ( To terminate a grant of asylum pursuant to 8 C.F.R. 1208.24 (2013), the Department of Homeland Security must establish, by a preponderance of the evidence, that (1) there was fraud in the aliens asylum application and (2) the fraud was such that the alien was not eligible for asylum at the time it was granted; however, proof that the alien knew of the fraud in the application is not required in order to satisfy the first criterion.); clarifying Matter of ASJ, 25 I&N Dec. 893 (BIA 2012).

RELIEF " CITIZENSHIP " DERIVATIVE ASYLUM
Matter of A-Y-M, 25 I. & N. Dec. 791 (BIA 2012) (respondent qualified for derivative asylee status because respondent was unmarried and turned 21 while mother's asylum application was pending, applying Child Status Protection Act).

RELIEF " ASYLUM " TERMINATION " IJ LACKS JURISDICTION TO REVIEW DHS TERMINATION OF ASYLEE STATUS
Matter of ASJ, 25 I&N Dec. 893 (BIA 2012) (an Immigration Judge lacks jurisdiction to review the termination of an aliens asylum status by the Department of Homeland Security pursuant to 8 C.F.R. 208.24(a)).

RELIEF - ASYLUM - GANG MEMBERSHIP OR RESISTANCE IS NOT A PARTICULAR SOCIAL GROUP
Matter of EAG, 24 I. & N. Dec. 591 (BIA Jul. 30, 2008) (respondent failed to establish that he was a member of a particular social group of "persons resistant to gang membership," as the evidence failed to establish that members of Honduran society, or even gang members themselves, would perceive those opposed to gang membership as members of a social group). http://www.usdoj.gov/eoir/vll/intdec/vol24/3618.pdf

RELIEF - ASYLUM - GANG MEMBERSHIP OR RESISTANCE IS NOT A PARTICULAR SOCIAL GROUP
Matter of SEG, 24 I. & N. Dec. 579 (BIA Jul. 30, 2008) (neither Salvadoran youth who have been subjected to recruitment efforts by the MS-13 gang and who have rejected or resisted membership in the gang based on their own personal, moral, and religious opposition to the gang's values and activities nor their family members constitute a "particular social group."). http://www.usdoj.gov/eoir/vll/intdec/vol24/3617.pdf

RELIEF - ASYLUM - FRIVOLOUSNESS - REQUIRED FINDINGS
Matter of YL, 24 I. & N. Dec. 151 (BIA 2007) (to determine whether an application for asylum is frivolous, the Immigration Judge must address the question of frivolousness separately and make specific findings that the applicant deliberately fabricated material elements of the asylum claim; the applicant must be given sufficient opportunity to account for any discrepancies or implausible aspects of the claim, and Immigration Judge must provide cogent and convincing reasons for determining that a preponderance of the evidence supports a frivolousness finding, taking into account any explanations by the applicant for discrepancies or implausible aspects of the claim). http://www.usdoj.gov/eoir/vll/intdec/vol24/3563.pdf

RELIEF - ASYLUM - PARTICULARLY SERIOUS CRIME JUDICIAL REVIEW - DEFERENCE - BRAND-X
Anaya-Ortiz v. Mukasey, 553 F.3d 1266 (9th Cir. Jan. 27, 2009) (deferring to Matter of N-A-M-, 24 I. & N. Dec. 336 (BIA Oct. 24, 2007), analysis of evidence in particularly serious crime determination; court will no longer apply contrary rule announced in Morales v. Gonzales, 478 F.3d 972, 980 (9th Cir. 2007)). NOTE: In Morales the Ninth Circuit was applying prior BIA case law that was later overruled by Matter of N-A-M.

Third Circuit

ASYLUM " MATERIAL SUPPORT
Sesay v. Atty Gen., __ F.3d __ (3d Cir. May 26, 2015) (no duress exception exists for material support bar to asylum or withholding of removal).

Fourth Circuit

INADMISSIBILITY " VISA FRAUD " SUFFICIENCY OF THE EVIDENCE
Yang v. Holder, 770 F.3d 294 (4th Cir. Oct. 29, 2014) (BIA erred in finding that petitioner was inadmissible under 8 U.S.C. 1182(a)(6)(C)(i), since the record lacked substantial evidence to support a determination that noncitizen made deliberate and voluntary misrepresentations to procure an immigration benefit, even though Immigration Judge found noncitizens testimony regarding asylum claim was not credible).

IDADMISSIBILITY " MATERIAL SUPPORT TO TERRORIST ORGANIZATION
Barahona v. Holder, 691 F.3d 349 (4th Cir. Aug. 13, 2012) (no duress exception exists to the material support of terrorists inadmissibility bar to adjustment of status).

Fifth Circuit

RELIEF " ASYLUM " REINSTATEMENT
Ramirez Mejia v. Lynch, __ F.3d __ (5th Cir. Jul. 21, 2015) (noncitizens whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum, since asylum is a form of relief for purposes of the bar to relief under INA 1231(a)(5)), agreeing with Herrera"Molina v. Holder, 597 F.3d 128, 139 (2d Cir. 2010).

RELIEF " ADJUSTMENT OF STATUS " ASYLEE WHOSE STATUS WAS TERMINATED MAY APPLY FOR ADJUSTMENT OF STATUS
Siwe v. Holder, 742 F.3d 603 (5th Cir. Feb. 6, 2014) (an alien whose asylum has been terminated is not prohibited from applying for adjustment of status).

Sixth Circuit

RELIEF - ASYLUM - GANG MEMBERSHIP
Urbina-Mejia v. Holder, 597 F.3d 360 (6th Cir. Mar. 5, 2010) (persons who no longer wish to be members of a criminal gang constitute a particular social group for purposes of asylum and withholding of removal).

Seventh Circuit

RELIEF " ASYLUM " REINSTATEMENT
Garcia v. Sessions, __ F.3d __ (7th Cir. Oct. 11, 2017) (noncitizen subject to reinstatement of removal is barred by INA 241(a)(5) from applying for asylum).

Eighth Circuit

RELIEF - POLITICAL ASYLUM - ADJUSTMENT OF STATUS - DHS DOES NOT NEED TO TERMINATE REFUGEE STATUS TO START PROCEEDINGS
Xiong v. Gonzales, 484 F.3d 530 (8th Cir. Apr. 12, 2007) (a noncitizen who enters the United States as a refugee, adjust status, and then is convicted of a deportable criminal offense may be placed in removal proceedings even though the DHS has not terminated refugee status), agreeing with Kaganovich v. Gonzales, 470 F.3d 894 (9th Cir.2006); Romanishyn v. Atty. Gen. of the United States, 455 F.3d 175, 180 (3d Cir.2006); Matter of Smriko, 23 I & N Dec. 836 (BIA 2005).

Ninth Circuit

RELIEF - ASYLUM
Valencia v. Mukasey, 548 F.3d 1261 (9th Cir. Dec. 4, 2008) (immigration judge is not required to advise noncitizen of availability of relief from removal where there is no apparent eligibility for the relief; there is no blanket requirement that an IJ must advise respondent of possibility of receiving asylum, withholding or CAT).

Tenth Circuit

RELIEF - ASYLUM - FRIVIOLOUS CLAIMS
Ribas v. Mukasey, 545 F.3d 922 (10th Cir. Nov. 4, 2008) (written warning on asylum application form was sufficient notice that filing frivolous asylum claim could result in lifetime bar from relief).