No. 19-5005

Ahmadou Sankara v. William P. Barr, Attorney General

Lower Court: Second Circuit
Docketed: 2019-06-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-review asylum-application burden-of-proof cardoza-fonseca country-conditions immigration-law persecution political-persecution reasonable-possibility well-founded-fear
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

In order to establish a "well-founded fear" of persecution, an asylum applicant need only show a reasonable possibility that she or he will be persecuted. INS v. Cardoza-Fonseca, 480 U.S. 421 (1987), The Supreme Court has stated that the following is sufficient to establish a well-founded fear having a fear of an event happening when there is less than a 50% chance that it will take place, and "establishing a 10% chance of being shot, torture, or...otherwise persecuted."Cardoza-Fonseca, 480 U.S. 421. An applicant who establishes past persecution by the government (or an entity the government cannot or will not control) on acount of one of the five protection grounds has met that test and established a rebuttable presumption that she or he has a well-founded fear of future persecution. 8. C.F.R. § 208.13(b)(1), 8 C.F.R. § 208.13(b)(2), Ayele v. Holder, 564 F.3d 862, 868 (7th Cir. 2009).

Question Presented (AI Summary)

What is the reasonable possibility standard for establishing a well-founded fear of persecution for asylum applicants?

Docket Entries

2019-10-07
Application (19A56) denied by the Court.
2019-10-07
Petition DENIED.
2019-09-04
Application (19A56) referred to the Court.
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-08-19
Application (19A56) refiled and submitted to The Chief Justice.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-25
Application (19A56) denied by Justice Ginsburg.
2019-07-15
Waiver of right of respondent Barr, William P. to respond filed.
2019-07-10
Application (19A56) for a stay of removal pending the disposition of the petition for a writ of certiorari, submitted to Justice Ginsburg.
2019-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)
2019-06-25
Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.

Attorneys

Ahmadou Sankara
Ahmadou Sankara — Petitioner
Barr, William P.
Noel J. FranciscoSolicitor General, Respondent