8 CFR 208.2 - Jurisdiction

Cite as8 CFR 208.2
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109 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
    ...the Application for Asylum by USCIS Asylum Officer in Asylum and Withholding Merits Hearing for Noncitizens With Credible Fear--Proposed 8 CFR 208.2(a) and (c); 208.9(a), (f), and (g); 208.14(c)(5); 208.30(e) and (f); 235.6(a)(1); 1003.42; and E. Application Review Proceedings Before the IJ......
  • 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
    ...DOJ proposes to amend 8 CFR 1003.1, 8 CFR 1003.42(f), 8 CFR 1208.2, 8 CFR 1208.30, and 8 CFR 1235.6--and DHS proposes to amend 8 CFR 208.2(c), 8 CFR 208.30(e)(5) and (f), and 8 CFR 235.6(a)(1)--so that aliens who establish a credible fear of persecution, a reasonable possibility of persecut......
  • Part V
    • United States
    • Federal Register October 28, 2009
    • October 28, 2009
    ...an immigration judge with respect to a claim for asylum (if available) or withholding of removal or deferral of removal only. See new 8 CFR 208.2(c)(1)(iii)- (iv) and In light of the limitation in the CNRA that aliens physically present in or arriving in the CNMI cannot apply for asylum pri......
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • November 16, 2018
    ...E.O. 13771 Designation: Other. Legal Authority: 8 U.S.C. 1158(b)(2); 8 U.S.C. 1224(b)(1)(A)(ii); 8 U.S.C. 1224(b)(1)(B) CFR Citation: 8 CFR 208.2(b); 8 CFR 208.2(c); 8 CFR 208.30(e)(2); 8 CFR 208.30(e)(4); 8 CFR 208.30(e)(5); 8 CFR 208.30(f); 8 CFR 208.30(g); 8 CFR Legal Deadline: None. Abs......
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96 cases
  • United States v. Arroyo, EP-18-CR-02049-DCG
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • December 21, 2018
    ...then § 3.14(b). Whereas prior to the filing event, the DHS (then INS) has the "initial jurisdiction over an asylum application," 8 C.F.R. § 208.2(a) ; see also 8 C.F.R. § 208.1 (1983), "[w]hen an Immigration Judge has jurisdiction over an underlying proceeding, sole jurisdiction over applic......
  • Chen v. U.S. Dept. of Justice, Docket No. 02-4631.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 11, 2006
    ...to petitioner, while the hearing was pending, "she was no longer able to submit an asylum application to an asylum office" because 8 C.F.R. § 208.2(b) confers "exclusive jurisdiction over asylum applications filed by an alien who has been served a ... Form I-862, Notice to Appear" to the im......
  • Xiao Ji Chen v. U.S. Dept. of Justice, Docket No. 02-4631.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 6, 2006
    ...argues that while the hearing was pending, "she was no longer able to submit an asylum application to an asylum office" because 8 C.F.R. § 208.2(b) confers "exclusive jurisdiction over asylum applications filed by an alien who has been served a . . . Form I-862, Notice to Appear" to the imm......
  • Marincas v. Lewis, No. 95-5424
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • August 9, 1996
    ...judge acquires jurisdiction over the asylum application if the applicant has been placed in an exclusion or deportation hearing. 8 C.F.R. §§ 208.2(b), 208.4(c). Consequently, asylum applicants who are not stowaways cannot be removed from the United States without having their asylum claims ......
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3 books & journal articles
  • In Re L-a-c-: a Pragmatic Approach to the Burden of Proof and Corroborating Evidence in Asylum Proceedings
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-1, October 2020
    • October 1, 2020
    ...apply for asylum); 8 U.S.C. § 1158(b)(2)(A)– (B) (citing statutory bars to asylum eligibility). 21. 8 U.S.C. § 1101(a)(42)(A). 22. See 8 C.F.R. § 208.2 (2020) (citing jurisdiction of Refugee, Asylum and International Operations (RAIO) of the Immigration and Naturalization Service); 8 C.F.R.......
  • Social Media and Online Persecution
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-3, April 2021
    • April 1, 2021
    ...In the United States, the Departments of Homeland Security (DHS) and Justice (DOJ) have jurisdiction over the relief of asylum. See 8 C.F.R. §§ 208.2, 1208.2 (2021). One route available in applying for asylum involves f‌iling aff‌irma-tively with DHS and being interviewed by an asylum off‌i......
  • 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 CFR § 208.30. [99] 8 CFR § 208.30(e)(2). [100] 8 CFR § 208.30(f). [101] 8 CRFR § 1003.42. [102] 8 CFR § 208.30(f) and (g). [103] 8 CFR §§ 208.2, [104] 8 CFR 1208.3(b). [105] 8 U.S.C. §1522(c). [106] 8 U.S.C. §§ 1157; 1158(b)(3), (c). [107] 8 U.S.C. §§ 1159(b), 1427(a)(1); ......

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