8 CFR 1208.13 - Establishing asylum eligibility

Cite as8 CFR 1208.13
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1755 practice notes
  • 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......
  • 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......
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • November 16, 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......
  • 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......
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1735 cases
  • In re A.G.G., 051211 USBIA, 3713
    • United States
    • Federal Cases United States Board of Immigration Appeals
    • May 12, 2011
    ...2000, clarified that the firm resettlement bar applies to asylum applications filed before and after the passage of the IIRIRA. See 8 C.F.R. §§ 1208.13(c)(1), (2) C. Firm Resettlement in the Federal Courts of Appeals Since 1990, the Federal courts of appeals that have addressed firm resettl......
  • Arevalo Quintero v. Garland, 052621 FED4, 19-1904
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (4th Circuit)
    • May 26, 2021
    ...of future persecution for asylum or a sufficient likelihood of future persecution for withholding of removal.[19] See 8 C.F.R. §§ 1208.13(b)(1), In light of these similarities, most noncitizens seeking refuge from persecution apply for both forms of relief. Accordin......
  • 394 F.Supp.3d 1168 (S.D.Cal. 2019), 17-cv-02366-BAS-KSC, Al Otro Lado, Inc. v. McAleenan
    • United States
    • United States District Court (Southern District of California)
    • July 29, 2019
    ...that is issued pursuant to [§ 1182(f)]." 83 Fed.Reg. 55,952 (to be codified at 8 C.F.R. § 208.13(c)(3) (DHS) and 8 C.F.R. § 1208.13(c)(3) (DOJ)). The Rule coincided with a presidential proclamation suspending the "entry of any alien into the United States acros......
  • 408 F.3d 275 (6th Cir. 2005), 03-4307, Gilaj v. Gonzales
    • United States
    • United States Court of Appeals (6th Circuit)
    • May 9, 2005
    ...480 U.S. at 428 n. 5, 107 S.Ct. at 1211 n. 5). The burden is on the applicant to establish that he or she qualifies as a refugee. 8 C.F.R. § 1208.13(a)-(b). The applicant's testimony, if credible, "may be sufficient to sustain the burden of proof without corroboration." 8 C.F.R. §......
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5 books & journal articles
8 provisions
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • November 16, 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......
  • Procedures for Asylum and Bars to Asylum Eligibility
    • United States
    • Executive Office For Immigration Review,U.s. Citizenship And Immigration Services
    • Invalid date
    ...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......
  • Procedures for Asylum and Bars to Asylum Eligibility
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...and 1208.13, and the regulatory text otherwise references applicable definitions for terms not found in paragraph (c)(7). See, e.g., 8 CFR 1208.13(c)(6)(iv)(A) (defining driving while intoxicated or impaired ``as those terms are defined under the jurisdiction where the conviction occurred''......
  • 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......
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