What is the test for "well-founded fear of persecution" under section 208 of the Immigration Code?

MultiRegion, United States of America

The following excerpt is from Sarvia-Quintanilla v. U.S. I.N.S., 767 F.2d 1387 (9th Cir. 1985):

The phrase "well-founded fear of persecution" has not been precisely defined; the extent of its "generosity" and "liberality" is unclear. See Bolanos-Hernandez v. INS, 749 F.2d at 1321 (disposing of the case under only the "clear probability" standard); Zavalla-Bonilla v. INS, 730 F.2d 562, 564 n. 1 (9th Cir.1984) (declining to reach the issue of the meaning of "well-founded" fear). It is clear, however, that a proper evaluation of a section 208(a) application must include "consideration of the

Page 1394

Other Questions


Can an attorney who provides general immigration advice to an undocumented immigrant be charged with a criminal offence under Section IV of the Immigration Code? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration Code waive documentary grounds for inadmissibility of an immigrant who entered without an immigrant visa? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
What is the test for an illegal immigrant to be convicted of a charge under section 1326(a)(2) of the Immigration Code of Civil Procedure? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Can a deportee's ground of deportation under Section 241 of the Immigration Code be excluded from relief under Section 212(c)? (MultiRegion, United States of America)
What is the duty of fairness of an immigration officer making a decision pursuant to section 114(2) of the Immigration Code? (Canada (Federal), Canada)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.