What is the test for abuse of discretion in denying an asylum application?

MultiRegion, United States of America

The following excerpt is from Herrera-Guevara v. I.N.S., 76 F.3d 386 (9th Cir. 1996):

We review for abuse of discretion the BIA's denial of asylum. Abedini v. INS, 971 F.2d 188, 191 (9th Cir.1992). We review factual findings underlying the determination for substantial evidence, and will reverse only if the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. Id.

To qualify for asylum, an applicant must demonstrate that he or she has suffered past persecution or has a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. See 8 U.S.C. 1158, 1101(a)(42)(A); Singh v. Ilchert, 63 F.3d 1501, 1505 (9th Cir.1995). To establish a well-founded fear of persecution, an applicant must present a genuine subjective fear of harm, and must show that this subjective fear is objectively reasonable. See Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992). The objective component may be satisfied by specific documentary evidence or by an applicant's credible and persuasive testimony. See Singh, 63 F.3d at 1506.

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