(B)  Related Forms of Relief.  There are other forms of relief for persons facing severe problems in the home country, including Temporary Protected Status,[359] Deferred Enforced Departure,[360] and country-specific legislation.[361]

[359] See § 3.36, infra.

[360] Ibid.

[361] Such as NACARA.  See § 3.22, 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 - 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 - 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

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 - POLITICAL ASYLUM - SERIOUS NONPOLITICAL CRIME
Berhane v. Holder, 606 F.3d 819 (6th Cir. Jun. 4, 2010) (determination of whether asylum applicant has committed a serious non-political crime is a non-discretionary decision subject to appellate review; case remanded to the BIA for further explanation of why throwing rocks at Ethiopian police officers would not be considered a political offense sufficient to allow him to qualify for asylum).

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).

Ninth Circuit

RELIEF " POLITICAL ASYLUM " DHS HAD NO AUTHORITY TO TERMINATE ASYLUM STATUS
Nijar v. Holder, 689 F.3d 1077, 1086-1087 (9th Cir. Aug. 1, 2012) (DHS does not have the authority to terminate an alien's asylum status; The regulations pursuant to which the Department of Homeland Security terminates asylum status, 8 C.F.R. 208.24(a) and 8 C.F.R. 1208.24(a), are ultra vires because the governing statute, 8 U.S.C. 1158(c)(2), confers that authority exclusively on the Attorney General.).

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).