The following excerpt is from Rasaiah v. Holder, 13-2484 NAC (2nd Cir. 2014):
An alien who demonstrates past persecution benefits from a presumption that her life or freedom would be threatened in the future, as required for a grant of withholding of removal. See 8 C.F.R. 1208.16(b)(1)(i). The government may rebut this presumption if it shows a "fundamental change in circumstances such that the applicant's life or freedom would not be threatened" upon removal. 8 C.F.R. 1208.16(b)(1)(i)(A), (ii). The government must prove the fundamental change by a preponderance of the evidence, and we review the agency's conclusion for substantial evidence. Lecaj v. Holder, 616 F.3d 111, 115, 116 (2d Cir. 2010).
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