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Legal Definitions - INS v. Cardoza-Fonseca

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Definition of INS v. Cardoza-Fonseca

INS v. Cardoza-Fonseca is a legal case that was decided by the United States Supreme Court in 1987. The case dealt with the standard for eligibility for asylum in the United States.

The Supreme Court held that to qualify for asylum, applicants have to show that they have a “well-founded fear” of persecution, and that asylum-seekers can satisfy this standard even if they do not demonstrate that it is more likely than not that they will be persecuted if returned to their home country.

This means that if someone is afraid of being persecuted in their home country, they can apply for asylum in the United States. They do not have to prove that they will definitely be persecuted if they go back home, but they do have to show that they have a good reason to be afraid.

For example, if someone is from a country where people of a certain religion are often targeted by the government, they may have a well-founded fear of persecution if they go back home. They can apply for asylum in the United States based on this fear.

The Supreme Court's decision in INS v. Cardoza-Fonseca clarified the standard for eligibility for asylum in the United States. It made it easier for people to apply for asylum and seek protection from persecution in their home countries.

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Simple Definition

INS v. Cardoza-Fonseca is a court case that decided that people seeking asylum in the United States only need to show a "well-founded fear" of persecution in their home country, not that it is more likely than not that they will be persecuted. This means that they do not have to meet the stricter standard for withholding of removal to qualify for asylum. The court based its decision on the language of the statute, legislative history, and the United Nations refugee convention and protocol. The decision provides flexibility in asylum adjudication and is meant to be fair to people seeking asylum.

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