The following excerpt is from Phuntsok v. Holder, 11-1365-ag NAC (2nd Cir. 2012):
To meet the definition of "refugee" and thus establish eligibility for asylum, an applicant must first establish his nationality, or lack of nationality. See 8 U.S.C. 1158(b)(1)(A), (B); 8 C.F.R. 1208.13(a) (placing the burden of proving refugee status on the applicant); Wangchuck v. Dep't of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). Here, the agency's finding that Phuntsok failed to establish his identity is supported by substantial evidence.
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