8 CFR 235.3 - Inadmissible aliens and expedited removal
| Cite as | 8 CFR 235.3 |
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254 practice notes
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Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...To Propose This Rule C. The Current Asylum and Expedited Removal Process III. Discussion of the Proposed Rule A. Parole--Proposed 8 CFR 235.3(b)(2)(iii) and (b)(4)(ii) B. Credible Fear Screening Process--Proposed 8 CFR 208.30 C. Applications for Asylum--Proposed 8 CFR 208.3(a) and 208.9(a) ......
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...a credible fear of persecution or torture in the country of return. INA 235(b)(1)(A)(ii), (B), 8 U.S.C. 1225(b)(1)(A)(ii), (B); see also 8 CFR 235.3(b)(4), 1235.3(b)(4)(i). If the asylum officer determines that the alien does not have a credible fear of persecution or torture (or, in certai......
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Security Bars and Processing
...longstanding practice has been to ask every alien subject to expedited removal about a potential fear of return. The regulatory text at 8 CFR 235.3(b)(2)(i), which is not changed by this rule, does not state this explicitly, providing In every case in which the expedited removal provisions ......
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Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act
...the alien must instead be referred ``for an interview by an asylum officer.'' INA 235(b)(1)(A)(ii), 8 U.S.C. 1225(b)(1)(A)(ii); see also 8 CFR 235.3(b)(4). Generally, in that interview, the asylum officer determines whether the alien has ``a credible fear of persecution or torture''--that i......
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234 cases
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Banda v. McAleenan, CASE NO. C18-1841JLR
...temporary parole "for urgent humanitarian reasons or significant public benefit." 8 U.S.C. § 1182(d)(5)(A) ; see also 8 C.F.R. §§ 212.5(b), 235.3. The statute does not impose "any limit on the length of detention" pending a decision on the asylum application and does not authorize bond hear......
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Succar v. Ashcroft, No. 03-2445.
...finds that she has alleged facts sufficient to justify a credible fear, then the alien will be referred to an immigration judge. 8 C.F.R. § 235.3(b)(4); 8 C.F.R. § The last type of proceeding is the standard removal proceeding for persons present in the United States, regardless of whether ......
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Las Ams. Immigrant Advocacy Ctr. v. Wolf, No. 19-cv-3640 (KBJ)
...shall be made available in accordance with the policies and procedures of the detention facility where the alien is detained," 8 C.F.R. § 235.3(b)(4)(ii), and that "[a]ny person or persons with whom the alien chooses to consult may be present at the interview and may be permitted, in the di......
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Petgrave v. Aleman, CIVIL ACTION NO. 5:20-CV-34
...claims—in the form of a credible fear interview with an asylum officer—before they can be removed. 8 U.S.C. § 1225(b)(1)(A)(ii) ; 8 C.F.R. § 235.3(b)(4).C. Credible Fear InterviewBecause Petitioner expressed a fear of persecution, the immigration officer referred him for an interview with a......
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4 books & journal articles
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The Convention Against Torture and Non-refoulement in U.s. Courts
...admission to the United States. 66. See Nessel, supra note 13, at 89 (citing 8 U.S.C. § 1158 (2018); 8 C.F.R. § 235.3(b)). 67. See 8 C.F.R. § 235.3 (2020). 68. See id. at § 235.3(b)(2)(i) (stating that if an immigration officer determines that an alien is inad-missible and subject to exped......
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Constitutional and Procedural Pathways to Freedom From Immigration Detention: Increasing Access to Legal Representation
...sub nom. Immigration & Customs v. Padilla, No. 20-234, 2021 WL 78039 (U.S. Jan. 11, 2021). 73. See 8 U.S.C. § 1182(d)(5)(A). 74. See 8 C.F.R. §§ 235.3(b)(2)(iii), (4)(ii), (5)(i) (2020). 75. See 8 U.S.C. § 1252(a)(2)(B)(ii); see also Islam v. Quarantillo, 350 F. Supp. 3d 183, 186 (E.D.N.Y. ......
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Prioritizing Failure: Using the 'Rocket Docket' Phenomenon to Describe Adult Detention
...against the use of expedited removal procedures and argue that the conditions of the procedure lack due process and violate 55. 8 C.F.R. § 235.3(b)(2)(ii) (2016); see also Immigration and Nationality Act § 235(b)(1)(a)(i), 8 U.S.C. § 1225(b)(1)(a)(i). 56. Immigration and Nationality Act § 2......
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Does Fear of Immigration Trump Love For Fetal Life? How Trump’s Policies Quietly Endanger Migrant Fetuses in Spite of the Administration’s Pro-life Agenda
...entered the country and have been present for less than two years, in any part of the country.). 237. Id. at § 235(b)(1)(B)(ii); 8 C.F.R. § 235.3 (2017) (requiring that credible fear determinations be made by a DHS official trained in nonadversarial interview techniques). 238. Id. at § 235......