8 CFR 1208.2 - Jurisdiction

Cite as8 CFR 1208.2
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106 practice notes
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...and they also review affirmative asylum applications referred by USCIS to the immigration court. See INA 101(b)(4), 8 U.S.C. 1101(b)(4); 8 CFR 1208.2; Dhakal v. Sessions, 895 F.3d 532, 536-37 (7th Cir. 2018) (describing affirmative and defensive asylum processes). The Board of Immigration 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
    ...Accordingly, 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 possibilit......
  • Security Bars and Processing
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...its prosecutorial discretion to either place the aliens into asylum-and-withholding-only removal proceedings under 8 CFR 208.2(c)(1) and 8 CFR 1208.2(c)(1) (``asylum-and-withholding-only proceedings'') \2\ or to remove them to third countries where they would not be more likely than not to ......
  • Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
    • United States
    • Federal Register November 09, 2018
    • November 9, 2018
    ...and they also review affirmative asylum applications referred by USCIS to the immigration court. See INA 101(b)(4), 8 U.S.C. 1101(b)(4); 8 CFR 1208.2; Dhakal v. Sessions, 895 F.3d 532, 536-37 (7th Cir. 2018) (describing affirmative and defensive asylum processes). The Board of Immigration A......
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96 cases
  • Bare v. Barr, No. 17-73269
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 16, 2020
    ...is eligible for asylum or withholding or deferral of removal, and whether asylum shall be granted in the exercise of discretion." 8 C.F.R. § 1208.2(c)(3)(i). In addition, "all parties are prohibited from raising or considering any other issues, including but not limited to issues of admissi......
  • Ferry v. Gonzales, No. 03-9526.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 8, 2006
    ...and that asylum-only hearings were not removal proceedings under 8 U.S.C. § 1229a. Id.12 Further, the IJ explained that under 8 C.F.R. § 1208.2(c)(1)(iv),13 an alien such as Ferry who was admitted to the United States pursuant to the VWP and has remained longer than authorized is not entitl......
  • Singh v. Napolitano, No. 10–CV–0462 (MAT).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • October 19, 2011
    ...his or her eligibility for asylum status during deportation proceedings brought under 8 C.F.R. section 208.24(e). See generally 8 C.F.R. § 1208.2. Such proceedings afford an alien the full panoply of procedural protections that attach when [the Government] seeks to remove an individual from......
  • Centro Legal De La Raza v. Exec. Office for Immigration Review, Case No. 21-cv-00463-SI
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 10, 2021
    ...may also seek asylum affirmatively by filing an application with United States Citizenship and Immigration Services. See 8 C.F.R. §§ 208.2, 1208.2; see also O.A. v. Trump,Page 4 404 F. Supp. 3d 109, 121 (D.D.C. 2019) (discussing affirmative and defensive applications for asylum). B. Immigra......
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1 books & journal articles
  • Protecting Humanity, 0319 KSBJ, 88 J. Kan. Bar Assn 3, 38 (2019)
    • United States
    • Kansas Bar Journal Nbr. 2019, January 2019
    • January 1, 2019
    ...Office of Immigration Review, a division of the Department of Justice. [83] INA § 208(a)(l); 8 U.S.C. §1158(a)(I). [84] 8 CFR §§ 1208.2, 1208.13-14; 8 U.S.C. [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(......

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