The burden of proof is on the applicant for asylum to establish that he has a credible fear of persecution. The applicant may qualify as a refugee either because he has suffered past persecution or because he has a well-founded fear of future persecution in his native country.
- Past Persecution. An applicant shall be found to qualify on the basis of past persecution if he can establish that he has suffered persecution in the past in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion, and that he is unable or unwilling to return to or avail himself of the protection of that country owing to such persecution.
If it is determined that the applicant has established proof of past persecution, he shall be presumed also to have a well-founded fear of future persecution unless a preponderance of the evidence establishes that since the time the persecution occurred conditions in the applicant's country of nationality or last habitual residence have changed to such an extent that the applicant no longer has a well-founded fear of being persecuted if he were to return.
An application for asylum shall be denied if the applicant establishes past persecution but it is also determined that he does not have a well-founded fear of future persecution, unless it is determined that the applicant has demonstrated compelling reasons for being unwilling to return to his country of nationality or last habitual residence arising out of the severity of the past persecution.
- Well-Founded Fear of Persecution. An applicant shall be found to have a well-founded fear of persecution if he can establish, first, that he has a fear of persecution in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion; second, that there is a reasonable possibility of suffering such persecution if he were to return to that country; and third, that he or she is unable or unwilling to return to or avail himself of the protection of that country because of such fear. In evaluating whether the applicant has sustained his burden of proving that he has a well-founded fear of persecution, the officer or judge hearing the case shall not require the applicant to provide evidence that he would be singled out individually for persecution if:
- The applicant establishes that there is a pattern or practice in his country of nationality or last habitual residence of persecution of a group of persons similarly situated to the applicant on account of race, religion, nationality, membership in a particular social group, or political opinion; and
- The applicant establishes his or her own inclusion in and identification with such group of persons such that his fear of persecution upon return is reasonable.
The Attorneys at Zhang & Associates can assist you in determining whether you might qualify for asylum if you live in the geographical area serviced by the Houston Asylum Office. The Houston Asylum Office services asylum applications for people residing in Texas, Louisiana, Mississippi, Tennessee, Arkansas, Oklahoma, New Mexico, Colorado, Wyoming and Utah.
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Description
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