8 CFR 208.4 - Filing the application

Cite as8 CFR 208.4
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229 practice notes
  • Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
    • United States
    • Federal Register July 28, 2016
    • July 28, 2016
    ...of counsel may constitute extraordinary circumstances excusing an applicant's failure to timely file an application for asylum. See 8 CFR 208.4(a)(5)(iii), This rule proposes to amend the EOIR asylum regulations at 8 CFR 1208.4(a)(5) to incorporate some of the language used in the motion to......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...asylum officers [[Page 33832]] determine in the first instance whether an alien's affirmative asylum application should be granted. See 8 CFR 208.4(b), But the HSA retained authority over certain individual immigration adjudications (including those related to defensive asylum applications)......
  • Part V
    • United States
    • Federal Register October 28, 2009
    • October 28, 2009
    ...2015 This rule clarifies the applicability of asylum application filing deadlines to aliens present in or arriving in the CNMI. See new 8 CFR 208.4(a)(2)(ii) and 1208.4(a)(2)(ii). Under the statute and current regulations, aliens seeking asylum must file their asylum applications within one......
  • Gomez-Vigil v. I.N.S., GOMEZ-VIGIL and S
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 26, 1993
    ...He or she may file an initial application for asylum or withholding of deportation or both with the INS Asylum Office by mail, 8 C.F.R. § 208.4(a), with the district director, § 208.4(b), or with an immigration judge, § 208.4(c). Also typically for our purposes, deportation is stayed pendin......
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218 cases
  • Gomez-Vigil v. I.N.S., GOMEZ-VIGIL and S
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 26, 1993
    ...He or she may file an initial application for asylum or withholding of deportation or both with the INS Asylum Office by mail, 8 C.F.R. § 208.4(a), with the district director, § 208.4(b), or with an immigration judge, § 208.4(c). Also typically for our purposes, deportation is stayed pendin......
  • Diaz v. INS, No. Civ. S-83-436 LKK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 26, 1986
    ...represented by plaintiffs: (1) all asylum applicants who have requested work authorization pursuant to 8 C.F.R. § 109.1(b)(2) (1986) or 8 C.F.R. § 208.4 (1986), and have had, or will have, their requests denied by the San Francisco District of the Immigration and Naturalization Service ("IN......
  • Zhong v. U.S. Dept. of Justice, Docket No. 02-4882.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 8, 2006
    ...been rendered on his application by an IJ and appealed to the BIA— the two administrative remedies available to him as of right.16 See 8 C.F.R. §§ 208.4(b)(3), 1003.1(b)(3); see also Theodoropoulos v. INS, 358 F.3d 162, 168-69, 172-74 (2d Cir.2004) (holding that a petitioner's express waive......
  • Ramadan v. Gonzales, No. 03-74351.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 22, 2007
    ...could be considered based on "changed circumstances" that materially affected her eligibility for relief. 8 U.S.C. § 1158(a)(2)(D); 8 C.F.R. § 208.4. The IJ rejected the claim of changed circumstances and found Ramadan's asylum application untimely. The IJ also rejected Ramadan's applicatio......
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4 books & journal articles
  • Asylum, Withholding of Removal, and Relief Under the Convention Against Torture
    • United States
    • ABA General Library Immigration Relief: Legal Assistance for Noncitizen Crime Victims
    • July 31, 2014
    ...Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104‑208, Div. C, § 604(a), 110 Stat. 3009 (1996); 8 C.F.R. § 208.4(a) (2) (2013); REAL ID Act of 2005, Pub. L. No. 109‑13, 119 Stat. 231 (2005). Settlage_ImmRelief_20140717_09-11_Final.indd 88 7/17/14 9:12 AM ......
  • Telling Truths: How the REAL ID Act's Credibility Provisions Affect Women Asylum Seekers
    • United States
    • Iowa Law Review Nbr. 92-2, February 2007
    • February 1, 2007
    ...Part III (discussing the psychological and cultural challenges women asylum seekers have in asylum interviews and hearings). [72] 8 C.F.R. § 208.4(b)(2) (2005) (stating that noncitizens may file affirmative applications to the asylum office in the district where they live); id. § 208.4(b)(3......
  • Social Media and Online Persecution
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-3, April 2021
    • April 1, 2021
    ...year of arrival in the United States to the prohibition against granting asy-lum to serious criminals, persecutors, or terrorists. See 8 C.F.R. §§ 208.4, 208.13, 208.14, 1208.4, 1208.13, 1208.14 (2021). 16. See 8 U.S.C. § 1101(a); see also Tamas-Mercea v. Reno, 222 F.3d 417, 424 (7th Cir. 2......
  • Protecting Humanity, 0319 KSBJ, 88 J. Kan. Bar Assn 3, 38 (2019)
    • United States
    • Kansas Bar Journal Nbr. 2019, January 2019
    • January 1, 2019
    ...8 U.S.C. §1158(a)(2)(B). [85] INA §208(a)(2)(B). [86] 8 U.S.C. § 1158(a)(2)(D); INA §208(a)(2)(D). [87] 8 CFR § 208.4(a)(4)(i)(A),(B),(C). [88] 8 CFR § [89] Matter of Carrubbam, 11 I&N Dec. 914, 917 (BIA 1966). [90] 8 CFR §§ 208.4(a)(4)(ii), and 2......

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