What is the legal test for granting asylum to an illegal immigrant?

MultiRegion, United States of America

The following excerpt is from Gonzalez-Garcia v. U.S. I.N.S., 923 F.2d 861 (9th Cir. 1990):

To become eligible for asylum, an alien must satisfy a two-step process. First, she must qualify as a "refugee" under 8 U.S.C. Sec. 1101(a)(42)(A) by showing that she is unable or unwilling to return to her 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." Id. If statutory eligibility is established, the Attorney General may, as a matter of discretion, grant asylum. See Barraza-Rivera v. INS, 913 F.2d 1443, 1449 (9th Cir.1990).

Other Questions


What is the impact of a federal district court's decision not to grant a deportation order for an illegal immigrant who has pleaded guilty to a criminal charge? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration Code waive documentary grounds for inadmissibility of an immigrant who entered without an immigrant visa? (MultiRegion, United States of America)
What is the test for a discretionary grant of asylum under the Immigration and Customs Act? (MultiRegion, United States of America)
Does Section 212(c) of the Immigration and Customs Code of Civil Procedure apply to an illegal immigrant who was denied relief from deportation by the Bureau of Investigation? (MultiRegion, United States of America)
What is the test for granting asylum to an alien who is a "refugee" under the Immigration and Customs Service? (MultiRegion, United States of America)
Can an attorney who provides general immigration advice to an undocumented immigrant be charged with a criminal offence under Section IV of the Immigration Code? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry? (MultiRegion, United States of America)
What is the test for an illegal immigrant to be convicted of a charge under section 1326(a)(2) of the Immigration Code of Civil Procedure? (MultiRegion, United States of America)
Can a Minister of Employment and Immigration (minister of employment and immigration) bring a claim against the Minister of Justice for Ministerial Responsibility for Immigration and Refugee Protection Division in a federal civil case? (Canada (Federal), Canada)
What is the "well-founded fear" standard for denying asylum to an illegal immigrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.