8 C.F.R. §208.30 - Credible fear determinations involving stowaways and applicants for admission found inadmissible pursuant to section 212(a)(6)(C) or 212(a)(7) of the Act

Cite as8 C.F.R. §208.30
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120 cases
  • Petgrave v. Aleman
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 29 Marzo 2021
    ...INA, a positive credible fear finding shifts the noncitizen into more formal removal proceedings. See 8 U.S.C. § 1225(b)(1)(B)(ii) ; 8 C.F.R. §§ 208.30(f), 235.6(a)(1).After Petitioner's credible fear finding, DHS issued him a Notice to Appear for removal proceedings. (Dkt. 25, Attach. 6 at......
  • O.A. v. Trump, Civil Action No. 18-2718 (RDM)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 2 Agosto 2019
    ...§ 1225, she may also file a defensive application for asylum as a defense to expedited removal, see 8 U.S.C. § 1225(b)(1)(A)(i) ; 8 C.F.R. § 208.30(f). Special procedures, however, apply to unaccompanied minors. Under the TVPRA, an "unaccompanied alien child" that the Department of Homeland......
  • E. Bay Sanctuary Covenant v. Barr, Case No. 19-cv-04073-JST
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 24 Julio 2019
    ...under CAT, are generally placed in full removal proceedings for further adjudication of their claims. Id. § 1225(b)(1)(B)(ii) ; 8 C.F.R. § 208.30(e)(2)-(3), (f). By contrast, if the officer concludes that no credible fear exists, applicants are "removed from the United States without furthe......
  • E. Bay Sanctuary Covenant v. Trump, Case No. 18-cv-06810-JST
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 19 Noviembre 2018
    ...officer shall enter a negative credible fear determination with respect to the alien's application for asylum." Id. (to be codified at 8 C.F.R. § 208.30(e)(5) ). The asylum officer will then proceed to evaluate the alien's claim for withholding of removal or protection under CAT by assessin......
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