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Reasonable Fear Review Defined (Immigration & Legal Terms)

Reasonable Fear Review

If an alien who is ordered removed during an expedited removal hearing expresses a fear of returning to his or her country, he or she must be given a reasonable fear interview by an asylum officer. Similar to the credible fear assessment discussed above, the asylum officer will determine whether the alien has a reasonable fear of persecution, or torture, based on a reasonable possibility that he or she will be persecuted due to his or her race, religion, nationality, membership in a particular social group, or political opinion, or due to a reasonable possibility that he or she would be tortured in the country of removal. If the interviewing officer determines that the alien has a reasonable fear of persecution based on any of the grounds noted above, or that the alien would be tortured in the country of removal, he or she will refer the alien for a hearing before an Immigration Judge. This hearing is known as a withholding-only hearing, given that the Immigration Judge will adjudicate only the issue of withholding of removal.

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