What is the burden of establishing eligibility for asylum and withholding of removal?

MultiRegion, United States of America

The following excerpt is from Plancarte Sauceda v. Garland, 19-73312 (9th Cir. 2021):

An applicant for asylum and withholding of removal bears the burden of establishing eligibility. 8 U.S.C. 1158(b)(1)(B)(i), 1229a(c)(4)(A). To be eligible for asylum, the applicant must show that "(1) [her] treatment rises to the level of persecution; (2) the persecution was on account of one or more protected grounds; and (3) the persecution was committed by the government, or by forces that the government was unable or unwilling to control." Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th cir. 2010); see also 8 U.S.C. 1101(a)(42)(A). To be eligible for withholding of removal, an applicant must demonstrate that her life will be "threatened in that country because of [her] race, religion, nationality, membership in a particular social group, or political opinion." 8 U.S.C. 1231(b)(3)(A).

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