8 CFR 235.3 - Inadmissible aliens and expedited removal

Cite as8 CFR 235.3
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254 practice notes
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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) ......
  • 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......
  • 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 In every case in which the expedited removal provisions ......
  • 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......
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234 cases
  • Banda v. McAleenan, CASE NO. C18-1841JLR
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • 12 Junio 2019
    ...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......
  • Succar v. Ashcroft, No. 03-2445.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 5 Enero 2005
    ...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 ......
  • Las Ams. Immigrant Advocacy Ctr. v. Wolf, No. 19-cv-3640 (KBJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 30 Noviembre 2020
    ...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......
  • Petgrave v. Aleman, CIVIL ACTION NO. 5:20-CV-34
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 29 Marzo 2021
    ...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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