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......