Page:United States Statutes at Large Volume 110 Part 4.djvu/854

 110 STAT. 3009 -691 PUBLIC LAW 104-208—SEPT. 30, 1996 that it is in the public interest for the alien to receive asylum in the United States. "(B) TIME LIMIT. —Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien's arrival in the United States. "(C) PREVIOUS ASYLUM APPLICATIONS. —Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for asylum and had such application denied. "(D) CHANGED CIRCUMSTANCES. —An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant's eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B). "(3) LIMITATION ON JUDICIAL REVIEW.— No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2). "(b) CONDITIONS FOR GRANTING ASYLUM.— "(1) IN GENERAL.— The Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Attorney General under this section if the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A). " (2) EXCEPTIONS.— "(A) IN GENERAL. — Paragraph (1) shall not apply to an alien if the Attorney General determines that— "(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; "(ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States; "(iii) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; "(iv) there are reasonable grounds for regarding the alien as a danger to the security of the United States; "(v) the alien is inadmissible under subclause (I), (II), (III), or (IV) of section 212(a)(3)(B)(i) or removable under section 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an alien inadmissible under subclause (IV) of section 212(a)(3)(B)(i), the Attorney General determines, in the Attorney G^eneral's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or "(vi) the alien was firmly resettled in another country prior to arriving in the United States.

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