What is the burden of establishing that an applicant has been subjected to past persecution?

MultiRegion, United States of America

The following excerpt is from Zhihui Guo v. Sessions, 897 F.3d 1208 (9th Cir. 2018):

"An applicant alleging past persecution has the burden of establishing that (1) his 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 , 592 F.3d at 1023. "If past persecution is established, a rebuttable presumption of a well-founded fear [of future persecution] arises ...." Tawadrus v. Ashcroft , 364 F.3d 1099, 1103 (9th Cir. 2004) (citing 8 C.F.R. 208.13(b)(1) ); see also 8 C.F.R. 1208.16(b)(1)(i) (establishing the same presumption for withholding of removal).

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