8 CFR 208.13 - Establishing asylum eligibility
| Cite as | 8 CFR 208.13 |
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1752 practice notes
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Asylum Eligibility and Procedural Modifications
...contained in Section I of this preamble. --------------------------------------------------------------------------- The IFR revised 8 CFR 208.13 and 208.30 in Chapter I of title 8 of the Code of Federal Regulations (``CFR'') and 1208.13, and 1208.30 in Chapter V of title 8 of the The IFR r......
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...in ``credible fear'' screenings for aliens in expedited removal proceedings where an alien is found barred from asylum pursuant to 8 CFR 208.13(c)(3)-(4). On November 9, 2018, the Departments issued an Interim Final Rule (``IFR'') to provide that certain aliens described in 8 CFR 208.13(c)(......
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Procedures for Asylum and Bars to Asylum Eligibility
...be ineligible for asylum under'' INA 208(b)(1). A. Additional Limitations on Eligibility for Asylum The Departments propose to revise 8 CFR 208.13 and 1208.13 by adding paragraphs (c)(6) through (8) to add bars on eligibility for asylum for certain aliens. First, the regulations would add b......
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Asylum Eligibility and Procedural Modifications
...En Route to the United States Pursuant to section 208(b)(2)(C) of the INA, 8 U.S.C. 1158(b)(2)(C), the Departments are revising 8 CFR 208.13(c) and 8 CFR 1208.13(c) to add a new mandatory bar to eligibility for asylum for an alien who enters or attempts to enter the United States across the......
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1788 cases
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O.A. v. Trump, Civil Action No. 18-2718 (RDM)
...the Rule amended deals with eligibility for asylum as a general matter, applicable irrespective of how an alien applies for asylum. See 8 C.F.R. § 208.13 ("Establishing asylum eligibility"). Among other things, that regulation sets forth certain "mandatory" grounds for denial of asylum appl......
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Ngwanyia v. Ashcroft, No. Civ. 02-502(RHK/AJB).
..."refugee," within the meaning of 8 U.S.C. § 1101(a)(42)(A), and meets other criteria, such as a well-founded fear of persecution, see 8 C.F.R. § 208.13(b), the applicant may be granted asylum in the United States. Asylee status is indefinite; it does not automatically expire. 8 C.F.R. § 208......
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E. Bay Sanctuary Covenant v. Barr, Case No. 19-cv-04073-JST
...nationality, or last lawful habitual residence en route 385 F.Supp.3d 935 to the United States, shall be found ineligible for asylum." 8 C.F.R. § 208.13(c)(4). The Rule provides three exceptions. First, the Rule does not apply if the alien "applied for protection from persecution or torture......
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E. Bay Sanctuary Covenant v. Trump, Case No. 18-cv-06810-JST
...after the effective date of the proclamation or order contrary to the terms of the proclamation or order." Id. (to be codified at 8 C.F.R. §§ 208.13(c)(3), 1208.13(c)(3) ).3 The Rule also amends the regulations governing credible fear determinations in expedited removal proceedings. "Althou......
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11 books & journal articles
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Asylum, Withholding of Removal, and Relief Under the Convention Against Torture
...2435489 (9th Cir. Nov. 2, 2004). 22. In re R‑A‑, 22 I. & N. Dec. 906 (B.I.A. 2001). 23. Matter of Kasinga, 21 I. & N. Dec. at 365. 24. 8 C.F.R. § 208.13(b)(1) (2013). 25. See INS v. Elias‑Zacarias, 502 U.S. 478, 483 (1992); Matter of S‑P‑, 21 I. & N. Dec. 486, 494 (B.I.A. 1996). 26. Elias-Z......
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77 CBJ 171. SURVEY OF 2002-2003 DEVELOPMENTS IN INTERNATIONAL LAW IN CONNECTICUT.
...at 144 n. 20, citing Guan Shan Liao v. U.S. Dep't of Justice, 293 F.3d 61, 67 (2d Cir. 2002). See 8 U.S.C. § 1101(a)(42) and 8 C.F.R. §§208.13, 1208.13. 128 274 F.3d 648 (2d Cir. 2001), cert. denied, 536 U.S. 941 (2002). 129 274 F.3d at 651. 130 For instance, in the sentence ......
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Telling Truths: How the REAL ID Act's Credibility Provisions Affect Women Asylum Seekers
...of the bars does not apply, the asylum seeker must show that she cannot internally relocate in a different part of her home country. 8 C.F.R. § 208.13(b)(1)(i)(B) (2006). Lastly, and perhaps most importantly, the applicant is barred from asylum if her petition is not filed within one year o......
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So, What Should I Ask Him to Prove that He's Gay?': How Sincerity, and Not Stereotype, Should Dictate the Outcome of an LGB Asylum Claim in the United States
...28 . Id. 29. INA § 208(b)(1)(B)(iii), 8 U.S.C. § 1158(b)(1)(B)(iii) (2012); 8 C.F.R. § 208.13(b)(1)(ii) (2016). 30. Ramsameachire v. Ashcroft, 357 F.3d 169, 178 (2d Cir. 2004). 2017] LGB ASYLUM CLAIM IN THE UNITED STATES 2363 testimony 31 or less-than-credible testimony with adequate corrob......
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