What is the discretionary power granted under INA § 208?

The discretionary power granted under INA § 208 is to grant asylum or refugee status, reflecting the ability of asylum officers to make case-by-case determinations based on the circumstances presented in each application. This authority encompasses evaluating the credibility of the applicant’s fear of persecution and ensuring that the individual meets the legal criteria outlined for asylum eligibility, such as demonstrating a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

While other options suggest actions that an asylum officer might not be empowered to take under INA § 208, the focus on granting asylum aligns with the primary purpose of the provision, which is to provide protection to those who qualify. This discretion allows for a nuanced approach to asylum cases, where asylum officers consider various factors before reaching a decision.