When determining whether a person has firmly resettled, does the applicant have to be a national of the country where the offer was made?

MultiRegion, United States of America

The following excerpt is from Sung Kil Jang v. Lynch, 812 F.3d 1187 (9th Cir. 2015):

firm resettlement. And conversely, the firm resettlement statute and regulation do not refer to nationality or require an analysis of the asylum applicant's nationality. When determining whether a person has firmly resettled, it does not matter whether the person is or is not a national of the country where resettlement is alleged to have occurred. Instead, the regulation asks only whether the person has received "an offer" of some type of permanent status. 8 C.F.R. 208.15 ; see Maharaj v. Gonzales, 450 F.3d 961, 976 (9th Cir.2006) (en banc) (holding that, in determining whether a petitioner has firmly resettled, "[t]he focus ... remains on receipt of an offer of permanent resettlement"). It is irrelevant whether the person has accepted the offer; it is irrelevant whether acceptance of the offer would constitute the acquisition of nationality.

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