8 CFR 208.17 - Deferral of removal under the Convention Against Torture
| Cite as | 8 CFR 208.17 |
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108 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
...235(b)(1)(A)(i) of the Act and a decision on any request for withholding of removal under 8 CFR 208.16(d) and deferral of removal under 8 CFR 208.17, where applicable. The notice shall explain that the alien may seek to have an immigration judge review the decision, in accordance with Sec. ......
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Immigration: Detention of aliens ordered removed,
...the United States; decisions regarding detention and release are subject to section 241 of the Act. With respect to deferral of removal, 8 CFR 208.17(c) specifically provides that persons granted deferral who are otherwise subject to detention continue to be governed by section 241 of the A......
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Security Bars and Processing
...sec. 2242(c), 8 U.S.C. 1231 note (c). \89\ Regulations Concerning the Convention Against Torture, 64 FR 8478, 8480 (Feb. 19, 1999). \90\ 8 CFR 208.17(a), This rule furthers Congress's mandate that the withholding of removal eligibility bars apply to aliens seeking protection under the CAT r......
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Immigration; removal orders; countries to which aliens may be removed,
...States Senate Oct. 28, 1990, 136 Cong. Rec. 36625 (1990). Except for deferral of removal under the Convention Against Torture under 8 CFR 208.17(a), however, these provisions also exclude aliens from seeking protection under certain circumstances. For example, section 208(b)(2) of the Act l......
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99 cases
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Marogi v. Jenifer, No. 00-CV-74443-DT.
...and "[w]ill not necessarily result in the alien being released from custody of the Service if the alien is subject to such custody." 8 C.F.R. § 208.17(b)(1)(i)-(ii). The regulations further provide that deferral is effective only until terminated by the petitioner or an immigration judge, a......
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Auguste v. Ridge, No. 04-1739.
...of removal;" and "[o]ther relevant information regarding conditions in the country of removal." See 8 C.F.R. § 208.16(c)(3); see also 8 C.F.R. § 208.17(a).9 C. The Immigration Judge's On November 12, 2003, an immigration judge ("IJ") issued an oral decision finding Auguste ineligible for de......
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Yusupov v. Attorney General of U.S., No. 05-4232.
...security exception. 4. The more limited remedy of deferral of removal under the CAT is unaffected by the national security exception. 8 C.F.R. § 208.17(a). An alien is entitled to deferral of removal if he is "more likely than not to be tortured" in the country of removal. Id. Deferral of r......
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Khouzam v. Attorney General of U.S., No. 07-2926.
...would not be tortured if removed there. The Secretary of Homeland Security has, therefore, in accordance with 8 C.F.R. §§ 1208.17(f) and 208.17(f), terminated Mr. Khouzam's deferral of removal to Egypt, effective January 24, 2007. The Department of Homeland Security will not remove Mr. Khou......
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1 firm's commentaries
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Using Country Conditions Evidence to Improve Appellate Review of Convention Against Torture Cases
...NOLO, https://www.nolo.com/legal-encyclopedia/how-apply-convention-against-torture-protection.html (last visited Dec. 28, 2020). 58. 8 C.F.R. § 208.17(d)(3). 442 DENVER LAW REVIEW [Vol. 98:2 the applicant can be sufficient to meet the evidentiary burden if that tes-timony is credible.60 Add......
2 books & journal articles
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Asylum, Withholding of Removal, and Relief Under the Convention Against Torture
...69. 8 C.F.R. § 208.16(c)(4) (2013). 70. 8 C.F.R. § 208.18(a)(1) (2013). 71. 8 C.F.R. § 208.16(c)(4) (2013). 72. Id. § 208.16(c). 73. 8 C.F.R. § 208.17(a) (2013). 74. 8 C.F.R. § 208.16(c)(4) (2013); INA § 241(b)(3)(B), 8 U.S.C. § 1231(b)(3) (B) (2012). 75. 8 C.F.R. § 208.17(b)(17) (2013). Se......
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The Convention Against Torture and Non-refoulement in U.s. Courts
...54. See Regulations Concerning the Convention Against Torture, 64 Fed. Reg. at 8480. 55. See Chung, supra note 13, at 365–66 (citing 8 C.F.R. § 208.17(b)(i) (2020); 8 C.F.R. § 208.17(b) (ii)(2020)). 56. See Regulations Concerning the Convention Against Torture, 64 Fed. Reg. 8478 at 8481 (“T......