Humanitarian asylum

Chieh v. Holder, 09-4183 (6th Cir. Jan. 4, 2011)

This decision is notable for the Court's discussion of the humanitarian asylum provision.  8 C.F.R. s 1208.13(b)(1)(iii).  The Court only considered the first prong, whether the harm was particularly severe but did not consider the second prong, which is whether there is a reasonable possibility that the applicant will suffer other serious harm.  It could be because the issue was not raised, but it is important to recognize that there are two distinct paths to humanitarian asylum.  An applicant who suffered only the "normal" amount of past persecution remains eligible for asylum in the absence of a well-founded fear if there is a reasonable possibility that he or she will suffer other serious harm upon removal.