8 CFR 1208.14 - Approval, denial, referral, or dismissal of application

Cite as8 CFR 1208.14
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31 practice notes
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...asylum applications from noncitizens determined to have a credible fear. Similar authority is provided for immigration judges in existing 8 CFR 1208.14. Finally, the Departments propose that 8 CFR 208.14(c)(5) be added to provide the process for USCIS to deny an application for asylum, incl......
  • Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
    • United States
    • Iowa Law Review Nbr. 101-3, March 2016
    • March 1, 2016
    ...of others.149It was clear to the Attorney 142. See A-H-, 23 I. & N. Dec. 774, 778 (Attorney Gen. 2005). 143. Id. at 776; see also 8 C.F.R. § 1208.14(c)(1) (providing for the referral of the application to the immigration judge in cases where an asylum officer declines to grant asylum). 144.......
  • Singh v. Holder, No. 08-70434.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 19, 2010
    ...a general matter, entirely independent of proceedings before an asylum officer. An asylum officer may grant asylum but not deny it, 8 C.F.R. § 1208.14(c)(1), and any refusal to grant asylum is considered entirely de novo by an IJ in removal proceedings, Singh v. Gonzales, 403 F.3d 1081, 108......
  • Diallo v. Ashcroft, No. 03-1876.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 26, 2004
    ...to have failed to appear, he was charged with removal, and his asylum application was referred to an immigration judge pursuant to 8 C.F.R. § 1208.14(c)(1). The written decision by the immigration judge failed to make any credibility determinations, but rather assumed that even if Diallo ha......
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28 cases
  • Singh v. Holder, No. 08-70434.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 19, 2010
    ...a general matter, entirely independent of proceedings before an asylum officer. An asylum officer may grant asylum but not deny it, 8 C.F.R. § 1208.14(c)(1), and any refusal to grant asylum is considered entirely de novo by an IJ in removal proceedings, Singh v. Gonzales, 403 F.3d 1081, 108......
  • Diallo v. Ashcroft, No. 03-1876.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 26, 2004
    ...to have failed to appear, he was charged with removal, and his asylum application was referred to an immigration judge pursuant to 8 C.F.R. § 1208.14(c)(1). The written decision by the immigration judge failed to make any credibility determinations, but rather assumed that even if Diallo ha......
  • Ortiz v. Barr, No. 19-1620
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • May 15, 2020
    ...if [Diaz Ortiz] was statutorily eligible for asylum, ... the Court would deny his application as a matter of discretion. 8 C.F.R. § 1208.14(a). DHS has filed numerous documents stating that [Diaz Ortiz] is affiliated with a gang or a member of such. He has been stopped by the police several......
  • Guled v. Mukasey, No. 07-1681.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 31, 2008
    ...to the contrary." 8 U.S.C. § 1252(b)(4)(B). The Attorney General's discretionary decision not to grant asylum—delegated to the IJ, 8 C.F.R. § 1208.14(a)—is conclusive unless "manifestly contrary to the law and an abuse of discretion." 8 U.S.C. § 1252(b)(4)(D). The burden of proof is on the ......
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2 books & journal articles
  • Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
    • United States
    • Iowa Law Review Nbr. 101-3, March 2016
    • March 1, 2016
    ...of others.149It was clear to the Attorney 142. See A-H-, 23 I. & N. Dec. 774, 778 (Attorney Gen. 2005). 143. Id. at 776; see also 8 C.F.R. § 1208.14(c)(1) (providing for the referral of the application to the immigration judge in cases where an asylum officer declines to grant asylum). 144.......
  • Seeking Refuge Asylum Law in the Current Climate, 0518 COBJ, Vol. 47, No. 5 Pg. 38
    • United States
    • Colorado Bar Journal Nbr. 47-5, May 2018
    • May 1, 2018
    ...Asylum Backlog (Jan. 31, 2018), www.uscis.gov/ news/news-releases/uscis-take-action-address-asylum-backlog. [16] 16 Id. [17] 17 8 CFR § 1208.14(c)(1). [18] 18 How a foreign national is placed into removal proceedings after entering the United States is a topic outside the sco......

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