Respondents in removal proceedings can apply for asylum if they meet the criteria established for granting the relief of asylum.
Although asylum is a discretionary remedy for respondents who face persecution, it is unavailable to a respondent who (1) “[h]aving been convicted...of a particularly serious crime” (including an aggravated felony or an offense designated by the Attorney General as “particularly serious”), constitutes a danger to the community;” or (2) is reasonably believed to have committed a serious nonpolitical offense outside the United States (including such offenses as may be designated by the Attorney General). Further, a respondent who is involved in terrorist activities, is a danger to national security, or has engaged in persecution of any person on account of race, religion, nationality, political opinion or membership in a particular social group is also ineligible for asylum.