What is the burden on an applicant to seek asylum under the Immigration and Customs Act?
MultiRegion, United States of America
The following excerpt is from Mejia-Paiz v. I.N.S., 111 F.3d 720 (9th Cir. 1996):
To be eligible for asylum, an applicant must establish "either past persecution or a well-founded fear of present persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." Berroteran-Melendez v. INS, 955 F.2d 1251, 1255 (9th Cir.1992); 8 U.S.C. 101(a)(42). The burden is on the applicant to establish eligibility. Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993).
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