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 as8 CFR 1208.30
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54 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
    ...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......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...(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......
  • 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
    ...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......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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
  • Rodriguez-Figueroa v. Barr, 6:19-CV-06366 EAW
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • February 28, 2020
    ...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,......
  • M.M.V. v. Barr, Civil Action No. 19-2773 (ABJ)
    • United States
    • U.S. District Court — District of Columbia
    • April 27, 2020
    ...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......
  • Grace v. Barr, No. 19-5013
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 17, 2020
    ...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 ,......
  • Al Otro Lado, Corp. v. Wolf, No. 19-56417
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 5, 2020
    ...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
  • Sites of (mis)translation: the Credible Fear Process in United States Immigration Detention
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-2, January 2021
    • January 1, 2021
    ...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......

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