8 CFR 1208.13 - Establishing asylum eligibility
| Cite as | 8 CFR 1208.13 |
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1795 practice notes
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Asylum Eligibility and Procedural Modifications
...Code of Federal Regulations (``CFR'') and 1208.13, and 1208.30 in Chapter V of title 8 of the CFR. The IFR revised 8 CFR 208.13(c) and 8 CFR 1208.13(c) to add a new mandatory bar to eligibility for [[Page 82261]] for an alien who enters or attempts to enter the United States across the sout......
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...9, 2018, the Departments issued an Interim Final Rule (``IFR'') to provide that certain aliens described in 8 CFR 208.13(c)(3) or 8 CFR 1208.13(c)(3) who entered the United States in contravention of a covered Presidential proclamation or order are barred from eligibility for asylum (herein......
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Procedures for Asylum and Bars to Asylum Eligibility
...pursuant to section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998, Public Law 105-277 (8 U.S.C. 1231 note). See 8 CFR 1208.13(c)(1); see also 8 CFR 1208.16(c) through These forms of protection prohibit removal to any country where the alien would more likely than not be p......
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Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
...Significant. E.O. 13771 Designation: Other. Legal Authority: 8 U.S.C. 1158(b)(2)(C); 8 U.S.C. 1229a(c)(4) CFR Citation: 8 CFR 1208.3; 8 CFR 1208.13; 8 CFR Legal Deadline: None. Abstract: This rule will amend the regulations related to asylum, including bars to asylum eligibility, the form o......
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1804 cases
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Shi Liang Lin v. U.S. Dept. of Justice, Docket No. 02-4611-ag.
...A showing of past persecution gives rise to a rebuttable presumption 494 F.3d 301 of a well-founded fear of future persecution. 8 C.F.R. § 1208.13(b)(1). In 1996, Congress passed IIRIRA § 601(a), which amended 8 U.S.C. § 1101(a)(42) by broadening its definition of "refugee," adding the foll......
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Covenant v. Trump, No. 18-17274
...Presidential Proclamations; Procedures for Protection Claims, 83 Fed. Reg. 55,934 (Nov. 9, 2018) (to be codified at 8 C.F.R. §§ 208, 1003, 1208). Under the Immigration and Nationality Act ("INA"), the Attorney General may "by regulation establish additional limitations and conditions ... un......
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Castaneda-Castillo v. Gonzales, No. 05-2384.
...in such persecution, the alien must prove by a preponderance of the evidence that he or she did not engage in such persecution. 8 C.F.R. §§ 1208.13(c)(2)(ii), "Where the BIA does not adopt an IJ's opinion but instead makes an independent, superceding decision, we review the decision of the ......
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In re A-B, Interim Decision #3929
...that it would not be reasonable for him or her to relocate, unless the persecution is by a government or government-sponsored." 8 C.F.R. § 1208.13(b)(3)(i). An immigration judge, "in the exercise of his or her discretion, shall deny the asylum application of an alien found to be a refugee o......
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8 books & journal articles
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77 CBJ 171. SURVEY OF 2002-2003 DEVELOPMENTS IN INTERNATIONAL LAW IN CONNECTICUT.
...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. 941 129 274 F.3d at 651. 130 For instance, in the sentence immediately preceding ......
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In Re L-a-c-: a Pragmatic Approach to the Burden of Proof and Corroborating Evidence in Asylum Proceedings
...as provided by law or by regulation or in the instructions for the application form.”). 14. See 8 U.S.C. § 1158(b)(1)(B)(i)–(ii); 8 C.F.R. § 1208.13(a) (2020); see also 8 U.S.C. § 1229a(c) (4)(B). 2020] IN RE L-A-C-: A PRAGMATIC APPROACH 3 relevant evidence was submitted from a witness with......
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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
...(1) flee to another country; (2) apply for asylum; and (3) are able to prove that they cannot relocate within their home country. 8 C.F.R. § 1208.13(b)(1)(i)(B) (2016); id. § 1208.13(b)(1)(iii) (stating that the asylum-seeker must prove that internal relocation is impossible “in the absence......
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Intersecting Issues Involving Asylum in the United States and Cases Arising Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction
...Rule of Appellate Procedure 32.1 ...................................................................................... 1REGULATIONS8 C.F.R. § 1208.13(a), (b)(1)(i) ....................................................................................................108 C.F.R. § 208.8..............
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