What is the test for "well-founded fear of persecution" under the Immigration and Customs Act?
MultiRegion, United States of America
The following excerpt is from Chanchavac v. INS, 207 F.3d 584 (9th Cir. 2000):
An asylum applicant has a "well-founded fear of persecution" if his fear is subjectively genuine and objectively reasonable. See Fisher v. INS, 79 F.3d 955, 960 (9th Cir. 1996) (en banc). An applicant who demonstrates that he suffered past persecution is entitled the legal presumption that he has well-founded fear of future persecution. See Borja v. INS, 175 F.3d 732, 737 (9th Cir. 1999) (en banc); 8 C.F.R. 208.13(b)(1)(i).
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