What is the burden of seeking asylum under the Immigration and Customs Act?

MultiRegion, United States of America

The following excerpt is from Sharma v. Garland, 20-70238 (9th Cir. 2021):

To be eligible for asylum, a petitioner has the burden to demonstrate a likelihood 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). To be eligible for withholding of removal, the petitioner must discharge this burden by a "clear probability." Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir. 2003); see 8 U.S.C. 1231(b)(3).

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