How have the courts treated the issue of withholding of deportation under section 243 of the Immigration Code?

MultiRegion, United States of America

The following excerpt is from Arriola-Godinez v. I.N.S., 927 F.2d 608 (9th Cir. 1991):

We turn to the issue of whether the petitioner has demonstrated not merely that he was entitled to consideration for political asylum pursuant to section 208, but also that he was entitled to withholding of deportation pursuant to section 243. See 8 U.S.C. Sec. 1253(h)(1). To meet this burden, an alien must demonstrate "a clear probability of persecution"; this requires a showing that it is more likely than not that the alien would be subject to persecution on return to the home country. INS v. Stevic, 467 U.S. 407, 424 (1984).

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