8 CFR 208.17 - Deferral of removal under the Convention Against Torture

Cite as8 CFR 208.17
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108 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
    ...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. ......
  • Immigration: Detention of aliens ordered removed,
    • United States
    • Federal Register December 21, 2000
    • December 21, 2000
    ...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......
  • Security Bars and Processing
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Immigration; removal orders; countries to which aliens may be removed,
    • United States
    • Federal Register January 05, 2005
    • January 5, 2005
    ...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
  • Marogi v. Jenifer, No. 00-CV-74443-DT.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • December 15, 2000
    ...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......
  • Auguste v. Ridge, No. 04-1739.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 20, 2005
    ...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......
  • Yusupov v. Attorney General of U.S., No. 05-4232.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • March 14, 2008
    ...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......
  • Khouzam v. Attorney General of U.S., No. 07-2926.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 5, 2008
    ...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
2 books & journal articles
  • Asylum, Withholding of Removal, and Relief Under the Convention Against Torture
    • United States
    • Immigration Relief: Legal Assistance for Noncitizen Crime Victims
    • July 31, 2014
    ...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......
  • 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
    ...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......

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