INS v. Cardoza-Fonseca
SCOTUS
480 U.S. 421 (1987)
1987
Holding
The 'well-founded fear' standard for asylum is more generous than the 'clear probability' standard for withholding; an applicant need not show persecution is more likely than not—a genuine possibility suffices.
Practitioner Note
Supreme Court decision that established the lower burden of proof for asylum compared to withholding of removal. Adopted by the BIA in Matter of Mogharrabi.
This summary describes what the tribunal held. Always verify the citation and read the full decision before relying on it. Case law changes — confirm this decision has not been overruled, limited, or superseded. Not legal advice.