Denying asylum on firm resettlement in Armenia, a country added as an alternative destination after the evidence closed, was error, because the regulation permits denial only where a third country has offered resettlement without harm or persecution.
Caution The frequently quoted notice passage at 1041 addressed a point the INS had conceded and was not the dispositive ground; the court decided the case on 8 C.F.R. section 208.13(d) (1999), whose current text should be confirmed before quoting. The brief corrects the year: this decision is 1999, not 2000.
Notice Third-country designation Withholding
The court's own text
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