ASYLUM
In order to establish eligibility for a grant of asylum an alien must establish that he
has been persecuted or has a well founded fear of persecution
by the government or forces the government is unwilling or unable to control on account of
race, religion, nationality, membership
in a particular social group or political opinion.
The well-founded fear standard requires a showing of fear of
persecution based on a reasonable possibility that such harm will occur. This fear must be
subjectively genuine and objectively reasonable. An applicant's own testimony, without corroborative evidence, may be sufficient to
prove a well-founded fear of persecution where the testimony is believable,consistent and
sufficiently detailed to provide a plausible and coherent account for the basis of the
fear.
***This is an extremely complex area of law requiring careful expert analysis of all facts and issues. See HUMAN RIGHTS SITES for research links.
WITHHOLDING OF REMOVAL
In order to qualify for withholding of removal, an alien must establish clear probability of persecution on the account of race, religion, nationality, membership in a particular social group or political opinion. The clear probability standard requires a showing that it is more likely than not that an alien would be subject to persecution.
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