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Legal Authorities

ELIGIBILITY CHART

based on the law as of October 28, 2021

ASYLUM WITHHOLDING CAT PROTECTION
Type of Harm Persecution Future threat to life or freedom Torture
Likelihood of Harm Reasonable possibility. A 10% chance can be sufficient More likely than not. > 50% More likely than not. > 50%
Nexus Requires Yes—protected ground must be one central reason for the harm. Yes—harm must be based on a protected ground. No nexus required
Who Inflicts Harm The government

or

A non-government actor the government is unable or unwilling to control. | The government

or

A non-government actor the government is unable or unwilling to control. | A public official or person acting in an official capacity or any person acting at the instigation of or with the consent or acquiescence of a public official |

INA §208.13 Establishing asylum eligibility

See INA §208.13

(a) Burden of proof. The burden of proof is on the applicant for asylum to establish that he or she is a refugee as defined in section 101(a)(42) of the Act. The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration. The fact that the applicant previously established a credible fear of persecution for purposes of section 235(b)(1)(B) of the Act does not relieve the alien of the additional burden of establishing eligibility for asylum.

(b) Eligibility. The applicant may qualify as a refugee either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.