Every alien is eligible to apply for asylum or withholding in the US on
a protected constitutional or statutory protected basis if they can establish
a well-founded fear of persecution. The protection permits petitioning
the US for political asylum. The protected interest is greater when applying
for withholding than asylum.
Congress has restricted applications for asylum that are submitted more
than one year after arrival in the US, except if there are changed or
extraordinary circumstances and if an asylum application was already denied.
The US government does not have to give
per se notice of the right to apply for asylum. Generally, there is no due process
violation in failing to inform the respondent of asylum, withholding and
CAT if there is no reason to believe eligible for relief.
Notice may be required if alien expresses a fear of returning to thier
home country. Notice should be provided if a person expresses fear of
returning to their home country. Notice does not be given if the alien
designates the country of deportation and the no claim for withholding
is not known. There is no right to asylum itself and there is no right
to government assistance in completing an asylum application even if there
is a serious language barrier.