8 CFR 1208.2 - Jurisdiction
| Cite as | 8 CFR 1208.2 |
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111 practice notes
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Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
...proceedings, given that those proceedings are ``conducted in accordance with the same rules of procedure as removal proceedings.'' 8 CFR 1208.2(c)(3)(i). This rule would not apply in bond proceedings. However, in bond proceedings, after an immigration judge makes an initial bond redetermina......
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
...rule clarifies that the filing of a motion to reopen with the BIA by DHS in removal proceedings or in proceedings initiated pursuant to 8 CFR 1208.2(c) is not subject to the time and numerical limits applicable to such motions. 8 CFR 10. Certification Authority The rule also withdraws the B......
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Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...review asylum applications referred by USCIS to the immigration court. See INA 101(b)(4), 240(a)(1), 8 U.S.C. 1101(b)(4), 1229a(a)(1); 8 CFR 1208.2(b), Section 235(b)(1)(B)(ii) of the INA, 8 U.S.C. 1225(b)(1)(B)(ii), provides that if a noncitizen in expedited removal proceedings is determin......
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...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......
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99 cases
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Bare v. Barr, No. 17-73269
...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......
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Ferry v. Gonzales, No. 03-9526.
...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......
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Singh v. Napolitano, No. 10–CV–0462 (MAT).
...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......
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Centro Legal De La Raza v. Exec. Office for Immigration Review, Case No. 21-cv-00463-SI
...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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2 books & journal articles
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Social Media and Online Persecution
...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 officer with the U......
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Protecting Humanity, 0319 KSBJ, 88 J. Kan. Bar Assn 3, 38 (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(......