What is the test for withholding deportation of an applicant who failed to demonstrate eligibility for asylum?
MultiRegion, United States of America
The following excerpt is from Babinski v. I.N.S., 124 F.3d 210 (9th Cir. 1997):
Because petitioners failed to demonstrate eligibility for asylum, they also failed to satisfy the higher standard of "clear probability of persecution" required for withholding of deportation. See Aruta v. INS, 80 F.3d 1389, 1396 (9th Cir.1996).
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