What is the definition of persecution and what is the test for "persecution"?

MultiRegion, United States of America

The following excerpt is from Habte v. I.N.S., 26 F.3d 130 (9th Cir. 1994):

Persecution, as used in the act, is "the infliction of suffering or harm ... in a way regarded as offensive." Kovac v. INS, 407 F.2d 102, 107 (9th Cir.1969) (internal parenthesis omitted). An applicant may satisfy the requirement of persecution or a well-founded fear of persecution by demonstrating past persecution, or alternatively by showing a reasonable fear of future persecution. Desir v. Ilchert, 840 F.2d 723, 729 (9th Cir.1988). Habte's counsel admitted during his asylum hearing that Habte did not suffer past persecution. Therefore, to qualify for asylum Habte was required to show a well-founded fear of future persecution.

Other Questions


What is the definition of persecution and what is the effect of persecution on an asylum seeker? (MultiRegion, United States of America)
How have courts interpreted the definition of a "definite and firm conviction" in a motion for sexual assault? (MultiRegion, United States of America)
How have courts interpreted the definition of "exclusive factors" in determining the meaning of a statutory definition of sexual activity? (MultiRegion, United States of America)
What is the burden of establishing that an applicant who has not established past persecution has a presumption of fear of future persecution? (MultiRegion, United States of America)
Does the definition of the definition apply where a public foundation has a single trustee? (Canada (Federal), Canada)
If an applicant qualifies for asylum as a result of past persecution, does he have to prove a well-founded fear of future persecution? (MultiRegion, United States of America)
What is the burden of establishing a "fear of future persecution" for an asylum seeker who does not allege past persecution? (MultiRegion, United States of America)
Does the definition of a definition of an "unemployed" need to be delegationed to the Secretary of State for Employment and Learning? (MultiRegion, United States of America)
Does the US Immigration Agency err in denying an application for asylum because the applicant failed to demonstrate past persecution or well-founded fear of future persecution? (MultiRegion, United States of America)
Does past persecution on the basis of political opinion or membership of a social group create a presumption of future persecution? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.