The critical factor is ability of persecutor to carry out its threat throughout the country. Some courts have presumed the ability of governmental entities to persecute nationwide. D. Past Persecution Past persecution can establish eligibility for asylum, even without showing a likelihood of future persecution. This differs from international refugee law. Matter of Chen , Int.
Past persecution creates a rebuttable presumption of future persecution.
INS may rebut the presumption with evidence of changed country conditions indicating that there is little likelihood of future persecution. The connection between the persecution and the enumerated ground is critical. Matter of Acosta common characteristic must be one that the members of the group either cannot change or should not be required to change because it is fundamental to their individual identities or consciences. Examples include family, clan IN RE H- , Int. In Re Kasinga - BIA precedent decision.