8 C.F.R. §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 C.F.R. §208.31 |
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249 cases
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Priva v. U.S. Attorney Gen.
...as an alien convicted of an aggravated felony under the Immigration and Nationality Act ("INA") § 238(b), 8 U.S.C. § 1228(b). Under 8 C.F.R. § 208.31(g)(1), no further administrative appeal was available to Priva, but he could seek direct review by this Court. After careful review and with ......
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Cazun v. Attorney Gen. U.S., 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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Martinez v. Barr, 17-72186
...the case shall be returned to the Service for removal of the alien. No appeal shall lie from the immigration judge’s decision." 8 C.F.R. § 208.31(g)(1). Because regulations do not allow for an appeal to the BIA where both an asylum officer and an IJ have found no reasonable fear of persecut......
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E. Bay Sanctuary Covenant v. Trump
...than establishing a credible fear of persecution—to obtain other forms of relief. See 83 Fed. Reg. at 55,936, 55,952 ; see also 8 C.F.R. § 208.31(c) ; 8 U.S.C. § 1225(b)(1)(B)(v).The same day the Departments of Justice ("DHS") and Homeland Security ("DHS") adopted the Rule, President Trump ......
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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......