TABLE OF CONTENS

Well-Founded Fear = More likely Than Not

What is persecution?

  1. Severe harm or suffering
    1. May involve physical violence
    2. Non-physical violence may also constitute persecution Example: deliberate imposition of severe economic disadvantage or deprivation of liberty, food, housing, employment, or education
  2. Inflicted to punish a person for possessing a belief or characteristic that the persecutor seeks to overcome

References:Matter of Acosta, 19 I&N Dec. 211 (BIA 1985), (modified on other grounds by Matter of Mogharrabi, 19 I&N Dec. 439 (BIA 1987)) • Matter of T-Z-, 24 I&N Dec. 163 (BIA 2007)

How is alleged harm assessed?

• When considering whether alleged harm constitutes persecution, the Immigration Judge considers the harm in the aggregate.

• Threats of harm alone usually are not enough to constitute persecution. Actual harm is generally required.

• Multiple incidents, considered together, may constitute persecution, especially if escalating in nature.