Under INA § 208(a)(2)(B), an application for asylum must demonstrate by clear and convincing evidence that the application has been filed within one year after the date of the alien’s arrival in the United States.
An alien may be granted asylum if he or she proves that he or she is a refugee”. A refugee is defined in INA § 101(a)(42)(A) as:[A]ny person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. “
INA § 101(a)(42)(A), 8 U.S.C. § 1101(a)(42)(a).
Thus, to prove refugee status, the alien must establish 1) must have a well-founded fear of persecution either through past persecution or fear of future persecution; 2) because of membership in a particular social group or political opinion; 3) by an organization that the government is unable or unwilling to control. 8 C.F.R. §208.13(a),(b).
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