This Comment analyzes the different interpretations of the "well-founded fear of persecution" standard for determining when an alien is eligible for political asylum in the United States, as established in the Refugee Act of 1980. The author suggests that correct interpretation of the new standard has recently been the subject of dispute between the Immigration and Naturalization Service and the United States courts of appeals. The author examines the various interpretations and suggests a different interpretation of this standard based on the legislative history of the Act and the recommendations of the United Nations.
Cheryl L. Edwards,
Political Asylum and Withholding of Deportation: Defining the Appropriate Standard of Proof under the Refugee Act of 1980,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol21/iss1/8