8 C.F.R. § 1208.15

Definition of “firm resettlement.”

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(a) An alien is considered to be firmly resettled if, after the events giving rise to the alien's asylum claim:

(1) The alien resided in a country through which the alien transited prior to arriving in or entering the United States and—

(i) Received or was eligible for any permanent legal immigration status in that country;

(ii) Resided in such a country with any non-permanent but indefinitely renewable legal immigration status (including asylee, refugee, or similar status but excluding status such as of a tourist); or

(iii) Resided in such a country and could have applied for and obtained any non-permanent but indefinitely renewable legal immigration status in that country;

(2) The alien physically resided voluntarily, and without continuing to suffer persecution in any one country for one year or more after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, provided that time spent in Mexico by an alien who is not a native or citizen of Mexico solely as a direct result of being returned to Mexico pursuant to section 235(b)(2)(C) of the Act or of being subject to metering would not be counted for purposes of this paragraph; or

(3)(i) The alien is a citizen of a country other than the one where the alien alleges a fear of persecution and the alien was present in that country after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, or

(ii) the alien was a citizen of a country other than the one where the alien alleges a fear of persecution, the alien was present in that country after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, and the alien renounced that citizenship after arriving in the United States.

(b) The provisions of 8 CFR 1240.8(d) shall apply when the evidence of record indicates that the firm resettlement bar may apply. In such cases, the alien shall bear the burden of proving the bar does not apply. Either DHS or the immigration judge may raise the issue of the application of the firm resettlement bar based on the evidence of record. The firm resettlement of an alien's parent(s) shall be imputed to the alien if the resettlement occurred before the alien turned 18 and the alien resided with the alien's parents at the time of the firm resettlement unless he or she could not have derived any permanent legal immigration status or any non-permanent but indefinitely renewable legal immigration status (including asylee, refugee, or similar status but excluding status such as of a tourist) from the alien's parent.

[85 FR 80397, Dec. 11, 2020]

Notes of Decisions

Cited in 76 cases (20 in the last 5 years), 2003–2025 · leading case: Nadim Hanna v. Eric Holder, Jr.

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Nadim Hanna v. Eric Holder, Jr. (2014) ca6 · cites it 13× “The BIA held that, once the government met its initial burden, the burden shifted to Hanna to establish an exception under 8 C.F.R. § 1208.15 (a) or (b) and that Hanna had not successfully rebutted the government’s firm resettlement showing.”

A-G-G (2011) bia · cites it 11× “15 (2011), the framework for making firm resettlement determinations focuses exclusively on the existence of an offer of permanent resettlement and allows for the consideration of direct and indirect evidence. (2) The Department of Homeland Security has the initial burden to…”

Abdi Ali Aden v. Robert Wilkinson (2021) ca9 · cites it 3× “8 C.F.R. § 1208.15 (2019). Although not addressed in the context of firm resettlement, the IJ made the following detailed findings regarding the persecution endured by Aden in South Africa: [Aden] testified that he worked as a shopkeeper in his cousin’s store.”

Hossein Nahrvani v. Alberto Gonzales, Attorney General (2005) ca9 · cites it 2× ““Firm resettlement” is defined in 8 C.F.R. § 1208.15 as follows: An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country received, an offer of permanent resident status,…”

Hussam F. v. Jefferson B. Sessions, III (2018) ca6 · cites it 4× “§ 1158 (b)(2)(A)(vi); 8 C.F.R. § 1208.15 , and second because, regardless of whether Petitioner was firmly resettled, the Board would deny asylum as a matter of its discretion for the same reasons that it denied the § 1227(a)(1)(H) waiver.”

D-X- & Y-Z (2012) bia · cites it 8× “(2) Where an asylum applicant who has resettled in a third country travels to the United States or the country of claimed persecution and then returns to the country of resettlement, he or she has not remained in that country “only as long as was necessary to arrange onward…”

Barrios v. Holder (2009) ca9 “3d at 1116-17 (discussing whether the petitioner had “firmly resettled,” as defined in 8 C.F.R. § 1208.15 ). By contrast, the definition of “physical presence” does not require a specific “status, intent, or state of mind.”

Mercado-Zazueta v. Holder (2009) ca9 · cites it 2× “1998) (imputing a parent's "firm resettlement" under 8 C.F.R. § 1208.15 to a sixteen-year-old minor); Senica v.”

Oscar v. Bondi (2025) ca9 · cites it 8× “See 8 C.F.R. § 1208.15 (2020). 4 General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A)[.”

K-S-E (2020) bia · cites it 3× “See 8 C.F.R. § 1208.15 (a)–(b) (2019) (allowing 2 The respondent questions whether Matter of Soleimani should be explicitly overruled.”

Matumona v. Barr (2019) ca10 · cites it 2× “If the BIA determines that the applicant firmly resettled, the applicant bears the burden to show by a preponderance of the evidence that he qualifies for an exception to firm resettlement under 8 C.F.R. §§ 1208.15 (a) or (b). See id. The BIA concluded that the government’s…”

Escobar v. Holder (2009) ca9 · cites it 2× “1998) (imputing a parent's "firm resettlement" under 8 C.F.R. § 1208.15 to a sixteen-year-old minor); Senica v.”

Show all 76 citing cases →

— 8 C.F.R. § 1208.15(b) — 1 case

Zambrano-Acevedo v. Bondi (2025) ca9

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