Individuals may be granted asylum, on a discretionary basis if it is determined that he or she has suffered past persecution or has a "well-founded fear of persecution" on account of race, religion, nationality, membership in a social group, or political opinion. Asylum seekers must establish their persecution on at least one of these five enumerated grounds. The 9th Circuit, including California, also considers persecution based on imputed political opinion as a basis for granting asylum. Hence, those seeking status as an asylee in the US must essentially fall within the definition of a refugee as recognized by international law. Asylum applications must be filed within one year after entry into the United States, with some exceptions being granted for extraordinary circumstances.

Withholding of Removal

Anyone whose life or freedom would be threatened in his or her own country on account of one of the five enumerated grounds of asylum is protected from removal under US and international law. This is provided that the individual can show a "clear probability of persecution," which is more than a 50 percent likelihood of persecution - a higher standard than asylum. In spite of a more rigorous standard, withholding of removal is mandatory if a "clear probability of persecution" is established.

Convention Against Torture

The Convention Against Torture prevents the removal of a person who establishes that it is more likely than not that he or she would suffer torture at the hands of the government of the country of nationality or last habitual residence.

Temporary Protected Status

The US offers Temporary Protected Status to individuals from countries that have suffered natural disasters or that are undergoing severe civil unrest forcing the displacement of residents of the country. The status is granted so long as the adverse conditions persist in the country in question.