Does the Immigration Justice Agency have discretion to deny asylum to applicants who establish eligibility based solely on past persecution?
MultiRegion, United States of America
The following excerpt is from M D Main Sattar Nessa v. Lynch, 14-2529 NAC (2nd Cir. 2015):
The regulations require IJs to exercise the Attorney General's discretion to deny asylum to applicants who establish eligibility based solely on past persecution when the Government establishes a fundamental change in circumstances sufficient to rebut the presumption of well-founded fear. 8 C.F.R. 1208.13(b)(1). We review the agency's factual findings regarding changed country conditions for substantial evidence. Lecaj v. Holder, 616 F.3d 111, 114-115 (2d Cir. 2010).
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