8 CFR 208.31 - Reasonable fear of persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of the Act
| Cite as | 8 CFR 208.31 |
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241 practice notes
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Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...INA, 8 U.S.C. 1228(b), and noncitizens whose removal is reinstated under section 241(a)(5) of the INA, 8 U.S.C. 1251(a)(5), pursuant to 8 CFR 208.31. \38\ This proposed rule does not, and is not intended to, rescind prior rulemakings, including Implementing Bilateral and Multilateral Asylum......
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Asylum Eligibility and Procedural Modifications
...(providing that an alien has a credible fear if the alien establishes a ``significant possibility'' of persecution or torture), with 8 CFR 208.31(c) (providing that an alien has a reasonable fear if the alien establishes a ``reasonable possibility'' of persecution or torture). As discussed ......
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...not'' standard. See 8 CFR 1208.16- 1208.17. The ``reasonable possibility'' standard has long been used for fear determinations made under 8 CFR 208.31 and 8 CFR 1208.31, which cover certain classes of aliens who are ineligible for asylum but who are eligible for statutory withholding of rem......
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Asylum Eligibility and Procedural Modifications
...certain aliens who are categorically ineligible for asylum and can thus make claims only for statutory withholding or CAT protection. See 8 CFR 208.31. Specifically, if an alien is subject to having a previous order of removal reinstated or is a [[Page 33837]] resident alien subject to an a......
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218 cases
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M.M.V. v. Barr, Civil Action No. 19-2773 (ABJ)
...group or 456 F.Supp.3d 203 political opinion, or a reasonable possibility that he or she would be tortured in the country of removal." 8 C.F.R. § 208.31(c). "This ... screening process is modeled on the credible fear screening process, but requires the alien to meet a higher screening stand......
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Fernandez-Vargas v. Gonzales, No. 04–1376.
...of the alien's race, religion, nationality, membership in a particular social group, or political opinion”), or under 8 CFR §§ 241.8(e) and 208.31 (2006) (raising the possibility of asylum to aliens whose removal order has been reinstated under INA § 241(a)(5)). 5. Two Courts of Appeals hav......
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Cazun v. Attorney Gen. U.S., No. 15-3374
...being granted asylum. See Immigration Act of 1990, Pub. L. No. 101-649, § 515.7 Though the regulation was originally promulgated as 8 C.F.R. § 208.31(e), it was recodified in 2003 as 8 C.F.R. § 1208.31(e). Aliens and Nationality; Homeland Security; Reorganization of Regulations, 68 Fed. Reg......
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Maldonado v. Lynch, No. 09–71491.
...matter was next referred to an immigration judge for a hearing on his claim of torture and request for relief under CAT. See 8 C.F.R. § 208.31(e). In pursuit of such relief, Maldonado filed a formal application with the IJ, which he supported with a declaration outlining the above facts and......
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1 firm's commentaries
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Using Country Conditions Evidence to Improve Appellate Review of Convention Against Torture Cases
...there is a pattern of human rights abuses applicable to the case at hand, the BIA is positioned to remand the case. Failing 161. See 8 C.F.R. § 208.31(g) (providing that immigration judges only receive “[t]he record of determination, including copies of the Form I-863, the asylum officer’s ......
2 books & journal articles
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The Convention Against Torture and Non-refoulement in U.s. Courts
...GAO USCIS REPORT]. 73. 8 C.F.R. § 208.3l (a)–(b) (2020); 8 C.F.R. § 241.8(e) (2020); 8 C.F.R. § 238.1 (f)(3) (2020). 74. See 8 C.F.R. § 208.31(c) (2020). The “reasonable possibility” standard is the same as that for establishing a well-founded fear of persecution in the asylum context. The ......
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Protecting Humanity, 0319 KSBJ, 88 J. Kan. Bar Assn 3, 38 (2019)
...8 CFR 208.16(a). [109] 8 U.S.C. § 1231(a)(5). [110] INA § 241 (a)(5). [111] 8 U.S.C. § 1101(a)(43). [112] 8 U.S.C. 1101(a)(l3). [113] 8 CFR 208.31(e). [114] 8 CFR 208.16; 8 U.S.C. [115] INA § 241(b)(3)(A). [116] INS v. Cardoza-Fonseca, 480 U.S. 421 (1987). [117] Id. at 429. [118] 8 CFR......