8 CFR 1208.13 - Establishing asylum eligibility

Cite as8 CFR 1208.13
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1792 practice notes
  • 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
    ...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......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Security Bars and Processing
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...* * * * * (g) * * * (1) * * * (ii) If the alien is determined to be an alien described as ineligible for asylum in 8 CFR 208.13(c)(4) or 8 CFR 1208.13(c)(4) and is determined to lack a reasonable possibility of persecution or torture under 8 CFR 208.30(e)(5)(iii), the immigration judge shal......
  • Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
    • United States
    • Federal Register November 09, 2018
    • November 9, 2018
    ...Southern Border 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 on eligibility for asylum for certain aliens who are subject to a presidential proclamation suspending or imposin......
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1804 cases
  • Shi Liang Lin v. U.S. Dept. of Justice, Docket No. 02-4611-ag.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 16, 2007
    ...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......
  • Covenant v. Trump, No. 18-17274
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 7, 2018
    ...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......
  • Castaneda-Castillo v. Gonzales, No. 05-2384.
    • United States
    • U.S. Court of Appeals — First Circuit
    • September 29, 2006
    ...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 ......
  • In re A-B, Interim Decision #3929
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • June 11, 2018
    ...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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