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 as8 CFR 208.31
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
241 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
    ...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......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...(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 ......
  • 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
    ...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......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Request a trial to view additional results
218 cases
  • M.M.V. v. Barr, Civil Action No. 19-2773 (ABJ)
    • United States
    • U.S. District Court — District of Columbia
    • April 27, 2020
    ...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......
  • Fernandez-Vargas v. Gonzales, No. 04–1376.
    • United States
    • United States Supreme Court
    • June 22, 2006
    ...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......
  • Cazun v. Attorney Gen. U.S., No. 15-3374
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 2, 2017
    ...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......
  • Maldonado v. Lynch, No. 09–71491.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 18, 2015
    ...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......
  • Request a trial to view additional results
1 firm's commentaries
2 books & journal articles
  • The Convention Against Torture and Non-refoulement in U.s. Courts
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-3, April 2021
    • April 1, 2021
    ...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 ......
  • 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 208.16(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......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT