8 CFR 1208.30 - 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 as | 8 CFR 1208.30 |
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54 practice notes
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Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...1208.30(g). If the IJ concurs with the asylum officer's negative credible fear determination, no administrative appeal is available, 8 CFR 1208.30(g)(2)(iv)(A), and DHS can execute the individual's expedited removal order, promptly removing the individual from the United If the noncitizen i......
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Asylum Eligibility and Procedural Modifications
...(proposed). The asylum officer's findings then would have been subject to immigration judge review under 8 CFR 208.30(g) and 8 CFR 1208.30(g), applying a reasonable possibility, not significant possibility, standard. Under the IFR's provisions, the immigration judge's review of an asylum of......
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...or torture), the immigration judge will vacate the expedited removal order, and DHS will initiate section 240 proceedings for the alien. 8 CFR 1208.30(g)(2)(iv)(B). The INA, however, instructs only that an alien who is found to have a credible fear ``shall be detained for further considerat......
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Asylum Eligibility and Procedural Modifications
...the reasonable fear findings under the reasonable fear standard instead of the credible fear standard described in paragraph (g) and in 8 CFR 1208.30(g). (iii) If the alien is found to be an alien described as ineligible for asylum in Sec. 208.13(c)(4), then the asylum officer shall enter a......
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42 cases
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Rodriguez-Figueroa v. Barr, 6:19-CV-06366 EAW
...If the asylum officer finds the alien does not have a credible fear, the alien can request review of that determination by an IJ. 8 C.F.R. § 1208.30(g). Additionally, "[a]liens detained pursuant to Section 1225(b) may be awarded discretionary parole into the country by the Attorney General,......
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M.M.V. v. Barr, Civil Action No. 19-2773 (ABJ)
...judge agrees that the non-citizen lacks a credible fear, then that individual may be removed, and the decision may not be appealed. 8 C.F.R. § 1208.30(g)(2)(iv)(A).On July 16, 2019, the Department of Justice and Department of Homeland Security jointly published " Asylum Eligibility and Proc......
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Grace v. Barr, No. 19-5013
...order the alien removed from the United States without further hearing or review." 8 U.S.C. § 1225(b)(1)(B)(iii)(I), (III) ; see also 8 C.F.R. § 1208.30(g). Aliens removed through this "highly expedited" process, which "is meant to conclude within 24 hours," Make the Road New York v. Wolf ,......
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Al Otro Lado, Corp. v. Wolf, No. 19-56417
...still be in the process of having their claims reviewed, as an asylum officer's negative fear determination is reviewable by an IJ, 8 C.F.R. § 1208.30(g), and the IJ's determination is reviewable by the Ninth Circuit. Andrade-Garcia v. Lynch , 828 F.3d 829, 833 (9th Cir. 2016).10 The Dissen......
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1 books & journal articles
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Sites of (mis)translation: the Credible Fear Process in United States Immigration Detention
...Court’s “fraction of ten percent” reasoning.44 34. 8 U.S.C. § 1225(b)(1)(B)(v) (2018). 35. 8 C.F.R. § 208.30(e)(2)–(3) (2021); 8 C.F.R. § 1208.30(e) (2021). 36. Grace v. Whitaker, 344 F. Supp. 3d 96, 105 (D.D.C. 2018). 37. Id. at 127. 38. INS v. Cardoza-Fonseca, 480 U.S. 421 (1987). 39. Whi......