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 as8 C.F.R. §208.31
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249 cases
  • Priva v. U.S. Attorney Gen.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • May 12, 2022
    ...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 ......
  • Cazun v. Attorney Gen. U.S., 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......
  • Martinez v. Barr, 17-72186
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 30, 2019
    ...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......
  • E. Bay Sanctuary Covenant v. Trump
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 28, 2020
    ...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
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......

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