Record the limits on asking that an asylum bar be set aside
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record that an asylum application may still be considered, notwithstanding the one-year bar and the previous-application bar, if the person demonstrates to the satisfaction of the Attorney General either changed circumstances which materially affect eligibility for asylum, or extraordinary circumstances relating to the delay in filing within the one-year period. Record that the safe-third-country bar and the one-year bar do not apply to an unaccompanied alien child as defined in the statute that section cites. Do not decide that the showing is made. Do not define unaccompanied alien child.
- What the lawyer must review
- The lawyer decides whether the exception is shown. 8 U.S.C. § 1158(a)(2)(D) is the changed-circumstances and extraordinary-circumstances text. It reaches subparagraphs (B) and (C), not the safe-third-country bar in (A). Subparagraph (E) says (A) and (B) do not apply to an unaccompanied alien child as defined in 6 U.S.C. § 279(g). That definition was not opened. 8 C.F.R. § 1003.38(b)(2) uses a denial under section 208(a)(2)(A), (B), or (C) when it chooses the Board appeal period, so a bar that is set aside can also change which appeal period applies. The tool does not decide the exception.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.