8 C.F.R. § 208.15

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 or torture, 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 the alien establishes that 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 80388, Dec. 11, 2020]

Notes of Decisions

Cited in 113 cases (7 in the last 5 years), 1985–2025 · leading case: Mohamed Abdille v. John Ashcroft, Attorney General of the United States

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Mohamed Abdille v. John Ashcroft, Attorney General of the United States (2001) ca3 · cites it 10× “Specifically, 8 C.F.R. § 208.15 , captioned “Definition of ‘firm resettlement,’ ” provides the following: An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another nation with, or while in that nation received, an…”

Abdi Ali Aden v. Robert Wilkinson (2021) ca9 · cites it 5× “2006) (en banc)); 8 C.F.R. § 208.15 . If the government establishes that an applicant has firmly resettled, we then look to whether the applicant qualifies for either of two exceptions to the firm-resettlement bar.”

Tchitchui v. Holder (2011) ca2 · cites it 20× “§ 1158 (b)(2)(A)(vi); 8 C.F.R. § 208.15 . On this petition for review of an order of removal, we are asked to consider whether *134 the government’s prima facie showing of firm resettlement may be rebutted by an alien’s showing that his ties to the third country into which he…”

Elzour v. Ashcroft (2004) ca10 · cites it 5× “Applicable regulations explain that, with exceptions not relevant in the instant case, an alien is considered to be firmly resettled in a third country when “prior to arrival in the United States, he or she entered into another country with, or while in that country received, an…”

Mamadou Diallo v. John D. Ashcroft (2004) ca7 · cites it 5× “8 C.F.R. § 208.15 . The regulations provide that: [a]n 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, or some other form…”

Maharaj v. Gonzales (2006) ca9 · cites it 13× “8 C.F.R. § 208.15 (2000). The Maharajes lived in Canada for four years after leaving Fiji.”

Deqa Ahmad Haji Ali Madaar A. Osman Isack A. Osman v. John Ashcroft, Attorney General (2005) ca9 · cites it 3× “” 8 C.F.R. § 208.15 . Even so, the regulations provide two exceptions when the asylum applicant has already been offered permanent residence in another country.”

Alex Nicolay Rife Yulia Rife Yola Rife v. John Ashcroft (2004) ca8 · cites it 3× “” 8 C.F.R. § 208.15 . The circuits differ somewhat in the importance placed on whether the government establishes that the country of prior resettlement formally offered citizenship, permanent resident status, or some *611 form of permanent resettlement.”

Abdulkadir Haji Dakane v. U.S. Attorney General (2005) ca11 · cites it 2× “The judge accepted instead the INS’s argument that even if Dakane was originally from Somalia, he had “firmly resettled” in Kenya pursuant to 8 C.F.R. § 208.15 , 1 as he possessed a *1272 valid Kenyan citizen’s passport, which had been authenticated by the Kenyan Embassy and…”

Ahmad Wali Sultani Saleha Sultani Beejan Sultani Mariam Sultani Ahmad Wasim Sultani v. Alberto Gonzales, Attorney Genera (2006) ca8 · cites it 4× “§ 1158 (b)(2)(A)(vi); 8 C.F.R. § 208.15 . The firm-resettlement bar to asylum ensures that “asylum is not granted to aliens who have found a haven from persecution” elsewhere.”

Salazar v. Ashcroft (2004) ca1 · cites it 4× “The IJ found that Salazar has the status of a resident in Venezuela and so was “firmly resettled” under 8 C.F.R. 208.15 and ineligible for asylum.”

Agustin Camposeco-Montejo v. John Ashcroft, Attorney General (2004) ca9 · cites it 4× “” 8 C.F.R. § 208.15 . Camposeco contends that the IJ’s conclusion that he has firmly resettled in Mexico is not supported by substantial evidence.”

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