What is the test for determining if an asylum seeker is a "refugee" and not a "national"?
MultiRegion, United States of America
The following excerpt is from Kasang v. Barr, 17-2462 NAC (2nd Cir. 2019):
"The determination of an alien's nationality or lack thereof is a threshold inquiry in determining the alien's eligibility for asylum." Dhoumo v. BIA, 416 F.3d 172, 174 (2d Cir. 2005). An alien may be granted asylum if he is a "refugee." 8 U.S.C. 1158(b)(1)(A). A refugee is defined
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with respect to the relationship he has to his country of nationality as:
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