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What one needs for establishing a Well-founded Fear in Asylum

What one needs for establishing a Well-founded Fear in Asylum

To be eligible for Asylum, an alien must establish that he is a refugee within the meaning of 8 U.S.C. sec 1101(a)(42). In pertinent part, the statute demands showing of “persecution or well founded fear of persecution” on account of one of the five numerated grounds; “race , religion, nationality, membership in a particular social group, or political opinion.”

Applicant has to show persecution that “requires more than a showing of either episodic violence or episodic abuse.” Put another way, “to qualify as persecution, a person’s experience must rise above unpleasantness, harassment, and even basic suffering”. In addition, “the term ‘persecution’ implies some link to governmental action or inaction; that is, the government must practice, encourage, or countenance it, or at least prove itself unable or unwilling to combat it.”

A successful showing of past persecution creates a rebuttable presumption that an alien’s fear of future persecution is well-founded. An inability to establish past persecution, however, is not necessarily fatal to the asylum seeker’s quest; he still “may prevail on an asylum claim by proving, simpliciter, a well- founded fear of future persecution independent of any presumption.” Id.

A well-founded fear of future persecution must be both subjectively authentic and objectively reasonable. To achieve this benchmark, the alien must show that he genuinely fears persecution were he to be repatriated and that his fear has an objectively reasonable basis. A petitioner’s credible testimony may alone satisfy the subjective component of this test. The objective component of the test is satisfied only if “a reasonable person in the asylum applicant’s circumstances would fear persecution on account of a statutorily protected ground.”

In the last analysis, the fate of petitioner’s asylum claim depends on the drawing of inferences; and when, as now, “the record supports plausible but conflicting inferences is, a fortori, supported by substantial evidence.” In order to succeed on such a claim, “an alien must show that, if returned to his native land, he will more likely than not face persecution on the account of a statutorily protected ground.” Such that an alien falls short of showing persecution sufficient to satisfy the more easily attainable standard required for an asylum claim, a counterpart claim for withholding of removal automatically fails. I.d.

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