8 CFR 235.3 - Inadmissible aliens and expedited removal

Cite as:8 CFR 235.3
Currency:Current through December 7, 2020
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157 practice notes
  • Security Bars and Processing
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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 that: In every case in which the expedited removal provi......
  • Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act
    • United States
    • Executive Office For Immigration Review,U.s. Citizenship And Immigration Services
    • Invalid date
    ...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......
  • 55 F.3d 428 (9th Cir. 1995), 93-55844, Rhoden v. United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • May 15, 1995
    ...for deferred inspection" until an immigration judge conducts a hearing to determine if the alien should be allowed to enter. 8 C.F.R. Sec. 235.3(c). Parole may be granted for "emergent reasons or for reasons deemed strictly in the public interest." 8 U.S.C. Sec. 1182(d)(5)(A)......
  • 623 F.Supp. 545 (S.D.N.Y. 1985), 85 CIV. 3141, Singh v. Nelson
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • December 12, 1985
    ...section 235(b) of the Act. Parole of such aliens shall only be considered in accordance with § 212.5(a) of this chapter. According to 8 C.F.R. § 235.3(c), an alien who appears to be inadmissible, but who has valid documentation may be detained, paroled, or paroled for deferred inspection. &......
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143 cases
  • 55 F.3d 428 (9th Cir. 1995), 93-55844, Rhoden v. United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • May 15, 1995
    ...for deferred inspection" until an immigration judge conducts a hearing to determine if the alien should be allowed to enter. 8 C.F.R. Sec. 235.3(c). Parole may be granted for "emergent reasons or for reasons deemed strictly in the public interest." 8 U.S.C. Sec. 1182(d)(5)(A)......
  • 623 F.Supp. 545 (S.D.N.Y. 1985), 85 CIV. 3141, Singh v. Nelson
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • December 12, 1985
    ...section 235(b) of the Act. Parole of such aliens shall only be considered in accordance with § 212.5(a) of this chapter. According to 8 C.F.R. § 235.3(c), an alien who appears to be inadmissible, but who has valid documentation may be detained, paroled, or paroled for deferred inspection. &......
  • Munyua v. United States, 011005 CANDC, C-03-04538 EDL
    • United States
    • Federal Cases United States District Courts 9th Circuit Northern District of California
    • January 10, 2005
    ...must refer the alien to an asylum officer for a credible fear interview to determine eligibility for asylum. See 8 U.S.C. § 1225(b); 8 C.F.R. § 235.3(b)(4). In her statement, Plaintiff represented, inter alia, that she was not married and that she has two daughters, one with her and one bac......
  • Las Americas Immigrant Advocacy Center v. Wolf, 113020 DCDC, 19-cv-3640 (KBJ)
    • United States
    • Federal Cases United States District Courts District of Columbia
    • November 30, 2020
    ...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 ......
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1 books & journal articles
  • Prioritizing Failure: Using the 'Rocket Docket' Phenomenon to Describe Adult Detention
    • United States
    • Iowa Law Review Nbr. 102-2, January 2017
    • January 1, 2017
    ...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......
13 provisions
  • Security Bars and Processing
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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 that: In every case in which the expedited removal provi......
  • Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act
    • United States
    • Executive Office For Immigration Review,U.s. Citizenship And Immigration Services
    • Invalid date
    ...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......
  • 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
    ...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......
  • Part III
    • United States
    • Federal Register November 29, 2004
    • November 19, 2004
    ...to Canada for a full and fair consideration of his or her protection claims is consistent with U.S. obligations. Conforming Amendment to 8 CFR Part 235 In preparing this final rule, the Department determined that 8 CFR 235.3(b)(4) must also be amended to reflect the proposed rule's use of a......
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