Does an applicant need to show a threat of country-wide persecution to be eligible for asylum or withholding of deportation?
MultiRegion, United States of America
The following excerpt is from Marcu v. I.N.S., 147 F.3d 1078 (9th Cir. 1998):
We have previously held that an applicant is not required to show a threat of country-wide persecution to be eligible for asylum or withholding of deportation. See Harpinder Singh v. Ilchert, 63 F.3d 1501, 1510 (9th Cir.1995). Once the regulatory presumption is triggered, "the only relevant question is whether conditions in the country have so changed that the threat no longer exists upon his return," not whether the applicant's "past experience reflected conditions nationwide." Id.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the US Immigration Agency err in denying an application for asylum because the applicant failed to demonstrate past persecution or well-founded fear of future persecution? (MultiRegion, United States of America)
What is the test for withholding deportation of an applicant who failed to demonstrate eligibility for asylum? (MultiRegion, United States of America)
If an applicant qualifies for asylum as a result of past persecution, does he have to prove a well-founded fear of future persecution? (MultiRegion, United States of America)
Is Dominguez-Castillo's failure to establish eligibility for asylum sufficient to trigger withholding of deportation? (MultiRegion, United States of America)
Does the Immigration Justice Agency have discretion to deny asylum to applicants who establish eligibility based solely on past persecution? (MultiRegion, United States of America)
What is the test for withholding deportation of an applicant who has failed to meet the lower burden of proof for asylum? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the current state of the law on withholding deportation of people who failed to establish eligibility for asylum? (MultiRegion, United States of America)
What is the test for withholding deportation of a man who has failed to demonstrate eligibility for asylum? (MultiRegion, United States of America)
Is Alshiabat's failure to establish eligibility for asylum sufficient to grant withholding of deportation? (MultiRegion, United States of America)
