The African seeking Asylum in U.S.A:
Every year the POTUS in consultation with congress allocates regional refugee admissions as well as an overall admission ceiling, for example, 76,000 was the number of refugee admissions authorized in 2012 and 70,000 was proposed for 2013. (http://www.refugeehealthta.org/files/2011/10/FY-2013-Report-to-Congress.pdf) by the Office of Refugee Resettlement. Africa’s regional allocation has consistently been about 10% (12,000-15,000) of the ceiling for the last 5 years. In 2011 and 2012 alone conflicts in Africa have created 850,000 new refugees, therefore, for an African to be granted asylum in U.S among the allocated 12,000, one must fulfill certain stringent eligibility criteria.
48% of the my (http://www.musinguzilaw.com/practice-areas/
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Basically, because a refugee/asylee intends to stay here for the foreseeable future, they must establish that his/her return to their country of origin may lead to further persecution. Pursuant to INA § 101(a)(42), acts of persecution must be connected to a refugee ground. Here Kamau “must provide some direct or circumstantial evidence of his persecutor’s [Toroitich’s] motive in order to successfully establish nexus between the persecution and one of the enumerated grounds. INS v. Elias-Zacarias, 502 U.S 478 (1992). (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=502&invol=478 )
Let’s see whether Kamau is eligible for asylum so far:
Past Persecution: Yes – a) National manhunt for Kamau by Toroitich – a government official and national police; b) hiding for 2 months fearing for his