8 CFR 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 CFR 208.30
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149 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
    ...Discussion of the Proposed Rule A. Parole--Proposed 8 CFR 235.3(b)(2)(iii) and (b)(4)(ii) B. Credible Fear Screening Process--Proposed 8 CFR 208.30 C. Applications for Asylum--Proposed 8 CFR 208.3(a) and D. Proceedings for Further Consideration of the Application for Asylum by USCIS Asylum ......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...in the process for screening aliens who are subject to expedited removal under section 235(b)(1) of the Act, 8 U.S.C. 1225(b)(1). 8 CFR 208.30(e) (proposed). Pursuant to the IFR, DHS asylum officers were required to determine whether an alien who has expressed a fear of persecution or tortu......
  • Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
    • United States
    • Executive Office For Immigration Review,Homeland Security Department
    • Invalid date
    ...DHS places the alien before an immigration court for adjudication of the alien's claims by initiating section 240 proceedings. See 8 CFR 208.30(f), 235.6(a)(1)(ii), 1235.6(a)(1)(i). Section 240 proceedings are often more detailed and provide additional procedural protections, including grea......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...proceedings is deemed an application for statutory withholding of removal under section 241(b)(3) of the INA, 8 U.S.C. 1231(b)(3). See 8 CFR 208.30(e)(2)-(4); 8 CFR 1208.16(a). And an immigration judge may also consider an alien's eligibility for withholding and deferral of removal under re......
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115 cases
  • Covenant v. Barr, Nos. 19-16487
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 6, 2020
    ...then the asylum officer shall enter a negative credible fear determination with respect to the alien's application for asylum. 8 C.F.R. § 208.30(e)(5)(iii).The Rule applies only to aliens seeking asylum. It does not apply to aliens seeking withholding of removal or relief under the Conventi......
  • Covenant v. Trump, No. 18-17274
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 7, 2018
    ...officer to "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 ).4 In 2010, the executive branch began allowing many asylum applicants who were found to have a credible fear to be released into the Unite......
  • Banda v. McAleenan, CASE NO. C18-1841JLR
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • June 12, 2019
    ...the inspecting immigration officer must refer the noncitizen for an interview with an asylum officer. 8 U.S.C. § 1225(b)(1)(A)(ii) ; 8 C.F.R. § 208.30(d). If the asylum officer determines that the noncitizen has a credible fear of persecution, the noncitizen "shall be detained for further c......
  • Padilla v. Enforcement, No. 19-35565
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 27, 2020
    ...for asylum or a fear of persecution, DHS must refer the noncitizen for an interview with an asylum officer. Id. § 1225(b)(1)(A)(ii) ; 8 C.F.R. § 208.30. If the asylum officer determines that the noncitizen's fear of persecution is credible, the noncitizen is referred to full removal proceed......
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7 books & journal articles
  • The Convention Against Torture and Non-refoulement in U.s. Courts
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-3, April 2021
    • April 1, 2021
    ...ACTION NEEDED TO ENSURE CHILDREN RECEIVE REQUIRED CARE IN DHS CUSTODY 27–29 (2015). 70. See 8 U.S.C. § 1225(b)(1)(B)(v) (2018); 8 C.F.R. § 208.30(e)(2)–(3) (2020). In its 1997 interim regulations implementing the credible fear process, the Department of Justice described the “signif‌icant p......
  • Co-opting Coronavirus, Assailing Asylum
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-2, January 2021
    • January 1, 2021
    ...than demonstrating “credible fear.” Compare 8 C.F.R. § 1208.31(c), with 8 U.S.C. § 1225(b)(1)(B)(v). 28. 8 U.S.C. § 1225(b)(1)(B)(ii); 8 C.F.R. § 208.30(f) (2009) (the applicant will receive “full consid-eration of the asylum and withholding of removal claim in proceedings under section 240......
  • Protecting Humanity, 0319 KSBJ, 88 J. Kan. Bar Assn 3, 38 (2019)
    • United States
    • Kansas Bar Journal Nbr. 2019, January 2019
    • January 1, 2019
    ...[97] Illegal Immigration Reform and Immigrant Responsibility Act, Pub. L. 104-208 (1996), 110 Stat. 3009-546 § 302. [98] 8 CFR § 208.30. [99] 8 CFR § 208.30(e)(2). [100] 8 CFR § 208.30(f). [101] 8 CRFR § 1003.42. [102] 8 CFR § 208.30(f) and (g). [103] 8 CFR §§ 208.2, ......
  • Mapping Immigration Policy at the Southern Border: An Administrative and Judicial Analysis
    • United States
    • Administration & Society Nbr. 53-6, July 2021
    • July 1, 2021
    ...at 5 U.S.C. Sec. 500 et. seq.Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection, 8 C.F.R. Sec. 208.30 (2018).Asylum Eligibility and Procedural Modifications, 8 C.F.R. Sec. 208.13 (c) (2019).Bohmer, C., & Shuman, A. (2018). Political asylum d......
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