What is the "well-founded fear" standard for denying asylum to an illegal immigrant?

MultiRegion, United States of America

The following excerpt is from Arana-Jarquin v. I.N.S., 988 F.2d 117 (9th Cir. 1993):

The "well-founded fear" standard has an objective component and a subjective component. Estrada-Posadas v. INS, 924 F.2d 916, 918 (9th Cir.1991). The subjective prong is satisfied by "a showing that the alien's fear is genuine." Id. The objective prong is satisfied by a showing, on the basis of "credible, direct, and specific evidence in the record, of facts that would support a reasonable fear of persecution." Id.

An alien who meets a higher standard, showing that "it is more likely than not that [he] would be subject to persecution" if returned to his home country, has a right to withholding of deportation, INS v. Stevic, 467 U.S. 407, 429-30 (1984), even if the Attorney General exercises his discretion to deny him asylum.

Other Questions


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)
Does the US Immigration Agency err in denying an application for asylum because the applicant failed to demonstrate past persecution or well-founded fear of future persecution? (MultiRegion, United States of America)
What is the standard for withholding deportation for an illegal immigrant who fails to demonstrate a well-founded fear of persecution? (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)
If a court finds that a plaintiff has been denied a right to sue under a different legal standard than under the current standard of care, can the finding be reviewed? (MultiRegion, United States of America)
Does the Rule 208.13(c)(4)(i) of the Immigration and Customs Enforcement Rule apply to an asylum seeker who has been denied protection in a third country? (MultiRegion, United States of America)
Does the Immigration Justice Agency have discretion to deny asylum to applicants who establish eligibility based solely on past persecution? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.