What is the test for granting asylum to an alien who is a "refugee" under the Immigration and Customs Service?

The Attorney General may grant asylum to an alien present in the United States who is a "refugee." 8 U.S.C. 1158(a). A "refugee" is an alien who is unable or unwilling to return to her or his country of origin "because of persecution or well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." 8 U.S.C. 1101(a)(42)(A). ⁵ Either past persecution or a well-founded fear of future persecution provide eligibility for a discretionary grant of asylum. Lopez-Galarza v. INS, 99 F.3d 954, 958 (9th Cir.1996).

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