Eleventh Circuit Court of Appeals
That's the Circuit that sent Elian Gonzalez back to Cuba.
http://www.ca11.uscourts.gov/opinions/ops/200116398.pdf
In this case, the applicant was denied asylum, withholding an CAT relief and he had written death threats in evidence.
http://www.ca11.uscourts.gov/opinions/ops/200213235.pdf
BELOW FROM:
http://www.ca11.uscourts.gov/opinions/ops/199914391.MAN.pdf this should give you an idea of the baseline of thought in the 11th Circuit on asylum.
"D. Asylum
The INA provides that "[a]ny alien who is physically present in the United States ... irrespective of
such alien's status, may apply for asylum." 8 U.S.C. § 1158(a)(1) (1999). "The Attorney General may grant
asylum to an alien ... if the Attorney General determines that such alien is a refugee within the meaning of
§ 1101(a)(42)(A) of [Title 8]." 8 U.S.C. § 1158(b)(1). In turn, a "refugee" is defined as:
[A]ny person who is outside any country of such person's nationality or, in the case of a person
having no nationality, is outside any country in which such person last habitually resided, and who
is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the
protection of, that country because of persecution or a well-founded fear of persecution on account
of race, religion, nationality, membership in a particular social group, or political opinion....
8 U.S.C. § 1101(a)(42)(A).
A grant of asylum entails two steps. First, the applicant must demonstrate that he or she is a
"refugee" within the meaning of INA § 101(a)(42)(A), 8 U.S.C. § 1101(a)(42)(A). It is the asylum applicant
who bears the burden of proving such statutory "refugee" status. See 8 C.F.R. § 208.13(a) (2001). Once the
alien demonstrates that he or she is a "refugee" within the meaning of the INA, the decision to grant asylum
is committed to the Attorney General's discretion, which has been delegated to Board. See 8 C.F.R. §
3.1(d)(1) (2001). "Both this court and the Supreme Court have emphasized that 'an alien who satisfies the
[applicable standard for asylum] does not have a right to
remain in the United States; he or she is simply
eligible for asylum, if the Attorney General, in [her] discretion, chooses to grant it.' " Lorisme, 129 F.3d at
1444 (
emphasis in original)."
