Comprehensive Overview of Immigration Law (COIL) Practice Exam

True or False: Persecution for asylum eligibility must be carried out by the government.

1. True

2. False

3. Only for political persecution

4. Only for personal persecution

The correct answer is: False

The notion that persecution for asylum eligibility must be carried out by the government is false. While government involvement in persecution is common, asylum law recognizes that individuals can also be persecuted by non-governmental actors. This includes entities like organized crime, private individuals, or societal groups, particularly when the state is unable or unwilling to control such actions. Asylum seekers may qualify for protection if they can demonstrate that they have suffered persecution or have a well-founded fear of future persecution based on specific protected grounds, which include race, religion, nationality, membership in a particular social group, or political opinion. The critical aspect is that the persecuting entities create a situation of fear or harm significant enough to invoke the need for asylum. This broader understanding allows for more nuanced cases where individuals face threats beyond governmental authority, thus enabling those who experience serious harm or threats from private actors to seek asylum.