Barry Sautman


Part I of this Article reviews the position of these administrative agencies and of the courts that have agreed with them. Part II discusses the contrary position of the majority of the circuit courts. Part III examines the international law bases of the relevant statutory language. It will be demonstrated that legislative history, United States case law, and international policy and practice, indicate that the United States government’s stringent administrative interpretation of the phrase “well-founded fear of persecution” is erroneous.