The following excerpt is from Malik v. I.N.S., 53 F.3d 338 (9th Cir. 1995):
Under section 208(a) of the Act, the Attorney General has the discretion to grant asylum to "refugees." 8 U.S.C. Sec. 1158(a). Section 101(a)(42)(A) of the Act defines a refugee as one who is unable to return to his country 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. Sec. 1101(a)(42)(A). We find that Malik has failed in his attempt to prove that he fears persecution "on account of" his political or religious beliefs, or beliefs imputed to him by the Sikhs. See INS v. Elias-Zacarias, 502 U.S. 478, 482 (1992).
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.