The burden of proof is on the asylum applicant to establish that he/she has a credible fear of persecution. The applicant may qualify as a refugee either because he/she has suffered past persecution or because he/she has a well-founded fear of future persecution in his/her native country.

Past Persecution

An applicant shall be found eligible for asylum on the grounds of past persecution if he/she can establish that he/she has suffered persecution in the past in his/her country of nationality or last habitual residence on the basis of race, religion, nationality, membership in a particular social group, or political opinion, and that he/she is unable or unwilling to return to or avail himself/herself of the protection of that country owing to such persecution.

If it is determined that the applicant has established proof of past persecution, he/she shall be presumed also to have a well-founded fear of future persecution. A preponderance of evidence establishing that conditions in the applicant's country of nationality or last habitual residence have changed to such an extent that the applicant no longer has a well-founded fear of being persecuted upon return will make an applicant ineligible for asylum.

An application for asylum shall be denied if the applicant establishes past persecution but has not established that he/she has a well-founded fear of future persecution, unless it is determined that the applicant has demonstrated compelling reasons for being unwilling to return to his country of nationality or last habitual residence arising out of the severity of the past persecution or fear of future persecution.

Well-Founded Fear of Persecution

An applicant shall be found to have a well-founded fear of persecution if he/she can establish, first, that he/she has a fear of persecution in his/her country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion; second, that there is a reasonable possibility of suffering such persecution if he/she were to return to that country; and third, that he/she is unable or unwilling to return to or avail himself/herself of the protection of that country because of such fear. In evaluating whether the applicant has sustained his/her burden to prove that he/she has a well-founded fear of persecution, the immigration officer or judge hearing the case shall not require the applicant to provide evidence that he would be singled out individually for persecution if:

• The applicant establishes that there is a pattern or practice in his country of nationality or last habitual residence of persecution of a group of persons similarly situated to the applicant on account of race, religion, nationality, membership in a particular social group, or political opinion; and
• The applicant establishes his or her own inclusion in and identification with such group of persons such that his fear of persecution upon return is reasonable.

The Attorneys at Zhang & Attorneys L.P. can assist you in determining your eligibility for asylum if you live in the geographical area serviced by the Houston Asylum Office. The Houston Asylum Office services asylum applications for people residing in Texas, Louisiana, Mississippi, Tennessee, Arkansas, Oklahoma, New Mexico, Colorado, Wyoming and Utah.

For more information about Asylum and Withholding of Removal, please click on one of the following topics:

• Asylum and Withholding of Removal
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• Eligibility for Asylum
• Eligibility for Withholding of Removal
• Bars to Asylum and Withholding of Removal
• Discretionary Denial of Asylum
• Procedure for Filing for Asylum or Withholding of Removal
• 601 Hardship Waiver
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