Objective Component — 10% Standard

19 I&N Dec. 439 (BIA 1987) · 1987

Adopted the 10% standard for objective well-founded fear: an applicant need not show a likelihood of persecution exceeding 50%; a 10% chance of persecution if returned may suffice.

Consistent with INS v. Cardoza-Fonseca (1987).

480 U.S. 421 (1987) · 1987

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.

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.