8 CFR 235.6 - Referral to immigration judge

Cite as8 CFR 235.6
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45 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
    ...USCIS for an asylum hearing. The Departments propose to make corresponding amendments to 8 CFR 208.2(c), 8 CFR 208.30(e)(5) and (f), and 8 CFR 235.6(a)(1) to provide that the cases of individuals who receive a positive credible fear determination may be retained by USCIS for a nonadversaria......
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • 16 Noviembre 2018
    ...Citation: 8 CFR 208.2(b); 8 CFR 208.2(c); 8 CFR 208.30(e)(2); 8 CFR 208.30(e)(4); 8 CFR 208.30(e)(5); 8 CFR 208.30(f); 8 CFR 208.30(g); 8 CFR 235.6(a). Legal Deadline: Abstract: The Department of Homeland Security (DHS) will propose to amend regulatory provisions to streamline credible fear......
  • Ali v. Reno, No. 93 Civ. 4661 (CLB) and 93 Civ. 4683 (CLB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 16 Agosto 1993
    ...exclusion hearing before an Immigration Judge pursuant to Section 235(b) of the Act, 8 U.S.C. § 1225(b). Compare 8 C.F.R. § 246.1. with 8 C.F.R. § 235.6. Admittedly, the Regulations authorize the District Director to defer inspection of an alien and, during this period of delayed inspection......
  • Succar v. Ashcroft, No. 03-2445.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 5 Enero 2005
    ...alleged facts sufficient to justify a credible fear, then the alien will be referred to an immigration judge. 8 C.F.R. § 235.3(b)(4); 8 C.F.R. § 235.6(a)(1)(ii). The last type of proceeding is the standard removal proceeding for persons present in the United States, regardless of whether th......
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42 cases
  • Ali v. Reno, No. 93 Civ. 4661 (CLB) and 93 Civ. 4683 (CLB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 16 Agosto 1993
    ...exclusion hearing before an Immigration Judge pursuant to Section 235(b) of the Act, 8 U.S.C. § 1225(b). Compare 8 C.F.R. § 246.1. with 8 C.F.R. § 235.6. Admittedly, the Regulations authorize the District Director to defer inspection of an alien and, during this period of delayed inspection......
  • Succar v. Ashcroft, No. 03-2445.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 5 Enero 2005
    ...alleged facts sufficient to justify a credible fear, then the alien will be referred to an immigration judge. 8 C.F.R. § 235.3(b)(4); 8 C.F.R. § 235.6(a)(1)(ii). The last type of proceeding is the standard removal proceeding for persons present in the United States, regardless of whether th......
  • Petgrave v. Aleman, CIVIL ACTION NO. 5:20-CV-34
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 29 Marzo 2021
    ...credible fear finding shifts the noncitizen into more formal removal proceedings. See 8 U.S.C. § 1225(b)(1)(B)(ii) ; 8 C.F.R. §§ 208.30(f), 235.6(a)(1).After Petitioner's credible fear finding, DHS issued him a Notice to Appear for removal proceedings. (Dkt. 25, Attach. 6 at 2.) The notice ......
  • Zardui-Quintana v. Richard, ZARDUI-QUINTANA
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 2 Agosto 1985
    ...The alien must then be advised of his right to representation by counsel and of the availability of certain free legal services. 8 C.F.R. Sec. 235.6 12 This provision clearly refers to the travel and maintenance aspects of deportation. Placed under the heading of "Maintenance Expenses," the......
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