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In the credible fear interview, the burden of proof to demonstrate credible fear is on the applicant. [6] There is no presumption in favor of credible fear. [7] The transcript of the credible fear interview is part of the applicant's asylum file and may be used by an Immigration Judge later when deciding whether to grant the applicant asylum. [1]
Negusie v. Holder, 555 U.S. 511 (2009), was a decision by the United States Supreme Court involving whether the bar to asylum in the United States for persecutors applies to asylum applicants who have been the target of credible threats of harm or torture in their home countries for refusing to participate further in persecution. [1]
Here, the legal burden of proof of removability falls on the prosecution. [2] [3] Regardless of the category, if the alien is claiming any relief from removal (such as asylum or cancellation of removal) the legal burden of proof for demonstrating eligibility for that relief falls on the alien. [3]
A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence).
Applicants have the burden of proving that they are eligible for asylum. To satisfy this burden, they must show that they have a well-founded fear of persecution in their home country on account of either race, religion, nationality, political opinion, or membership in a particular social group. [53]
The Real ID Act increased the burden of proof for individuals applying for asylum. It authorized immigration judges to require that applicants present evidence for their asylum claim, if available, in addition to their testimony and to determine the credibility of witnesses based on their demeanor, plausibility, and consistency.
The Eighth Amendment requires prisoners to show 1.) there is a known and available alternative method of execution and 2.) the challenged method of execution poses a demonstrated risk of severe pain, with the burden of proof resting on the prisoners, not the state.
Section 1361: Burden of proof upon alien Section 1362: Right to counsel Section 1363: Deposit of and interest on cash received to secure immigration bonds Section 1363a: Undercover investigation authority Section 1363b is repealed. Section 1364: Triennial comprehensive report on immigration