1. Eligibility: The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who applies in accordance with established requirements and procedures if it is determined that the alien qualifies as a refugee under section 1101(a)(42)(A) of the Act.
2. Burden of Proof: The burden lies with the applicant to demonstrate refugee status under section 1101(a)(42)(A) by establishing that persecution based on race, religion, nationality, membership in a particular social group, or political opinion is or will be a central reason.
3. Sustaining the Burden:While the applicant's testimony may be sufficient without corroboration, the trier of fact must find the testimony credible, persuasive, and backed by specific facts demonstrating refugee status. If the trier of fact requests corroborating evidence, it must be provided unless unobtainable.
4. Credibility Determination:The trier of fact assesses credibility based on various factors, including demeanor, candor, consistency between written and oral statements, internal consistency of statements, alignment with other evidence, and any inaccuracies. No presumption of credibility exists, but if no adverse credibility determination is explicitly made, the applicant or witness enjoys a rebuttable presumption of credibility on appeal. The totality of circumstances informs the credibility determination, allowing for a comprehensive evaluation of the applicant's or witness's account.