Does the Attorney General have discretion to grant an alien asylum if the alien is determined to be a refugee?

MultiRegion, United States of America

The following excerpt is from Dominguez-Castillo v. I.N.S., 98 F.3d 1345 (9th Cir. 1996):

The Attorney General has discretion to grant an alien asylum if the alien is determined to be a "refugee." 8 U.S.C. 1158(a). A refugee is any person who is unable or unwilling to return to his or her country of origin "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." 8 U.S.C. 1101(a)(42)(A). The well-founded fear standard has both a subjective and an objective component. Prasad v. INS, 47 F.3d 336, 338 (9th Cir.1995). "The subjective component may be satisfied by credible testimony that the applicant genuinely fears persecution." Id. The objective component requires a showing by credible, direct, and specific evidence of facts supporting a reasonable fear of persecution. Id.

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