Official Website of the United States Department of Homeland Security

Section 235(b)(1)(B)(v) of the INA defines credible fear of persecution as: “a significant possibility, taking into account the credibility of the statements made by the alien in support of his or her claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under Section 208 [of the INA].”

The implementing regulations provide that an applicant will be found to have a credible fear of torture if the applicant demonstrates: “a significant possibility that he or she is eligible for withholding of removal or deferral of removal under the Convention Against Torture, pursuant to 8 CFR 208.16 or 208.17.”  See 8 CFR 208.30(e)(3).

Last Reviewed/Updated: 
09/26/2008