8 CFR 208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture

Cite as8 CFR 208.16
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2049 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
    ...to statutory withholding of removal if not otherwise barred from that form of protection. INA 241(b)(3)(A), 8 U.S.C. 1231(b)(3)(A); 8 CFR 208.16, 1208.16. Likewise, a noncitizen who establishes that he or she more likely than not will face torture in the country of removal will qualify for ......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...Restructuring Act of 1998 (``FARRA''), Public Law 105-277, sec. 2242(b), Oct. 21, 1998, 112 Stat. 2681, 2631-822 (8 U.S.C. 1231 note); 8 CFR 208.16(b)-(c), 208.17, and 208.18; 1208.16(b)-(c), 1208.17 and The United States has implemented the non-refoulement provisions of Article 33.1 of the......
  • 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
    ...religion, nationality, membership in a particular social group, or political opinion, if removed to the proposed country of removal. See 8 CFR 208.16(b), 208.30(e)(2), 1208.16(b). Currently, screening for protection under the CAT regulations generally involves considering whether the alien ......
  • Procedures for Asylum and Bars to Asylum Eligibility
    • United States
    • Executive Office For Immigration Review,U.s. Citizenship And Immigration Services
    • Invalid date
    ...would remove the automatic review of a discretionary denial of an alien's asylum application by removing and reserving paragraph (e) in 8 CFR 208.16 and 1208.16. The present regulation provides that the denial of asylum shall be reconsidered in the event that an applicant is denied asylum s......
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1991 cases
  • Conteh v. Gonzales, No. 05-1282.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • August 22, 2006
    ...also cross-applied for withholding of removal, see id. § 1231(b)(3)(A), and protection under the Convention Against Torture (CAT), see 8 C.F.R. §§ 208.16-208.18. The initial round of immigration hearings came to naught; those hearings culminated in a remand for an entirely new proceeding be......
  • Marogi v. Jenifer, No. 00-CV-74443-DT.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • December 15, 2000
    ...an application for the withholding of removal under regulations promulgated pursuant to the Convention Against Torture ("CAT"). See 8 C.F.R. 208.16, 208.17.2 Withholding was denied by an immigration judge on October 31, 2000. On November 24, 2000, Marogi appealed that decision to the Bureau......
  • Las Ams. Immigrant Advocacy Ctr. v. Wolf, No. 19-cv-3640 (KBJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • November 30, 2020
    ...for statutory withholding, 8 U.S.C. § 1231(b)(3), or for protection under the Convention Against Torture ("CAT"), id. § 1231 note; 8 C.F.R. §§ 208.16 –208.18, 1208.16 –1208.18, both of which require a finding of "reasonable fear" rather than "credible fear" of persecution, 8 C.F.R. § 208.30......
  • Mcallister v. Attorney General of U.S., No. 03-4513.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 10, 2006
    ...case for deferral, an alien must establish that it is more likely than not that he will be tortured in the country of removal. See 8 C.F.R. § 208.16(c)(2). In its assessment of whether an alien will likely be tortured in the country of removal, the BIA must consider "all evidence relevant t......
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2 firm's commentaries
9 books & journal articles
  • Asylum, Withholding of Removal, and Relief Under the Convention Against Torture
    • United States
    • Immigration Relief: Legal Assistance for Noncitizen Crime Victims
    • July 31, 2014
    ...Torture and Other Cruel, Inhuman, or Degrading Treat‑ ment or Punishment, Art. 3, Dec. 10, 1984, S. Treaty Doc. No. 100‑20 (1988); 8 C.F.R. § 208.16(c) (2013). 9. 8 C.F.R. § 208.16(c)(2) (2013). 10. Id. § 208.13(a)–(b). Settlage_ImmRelief_20140717_09-11_Final.indd 89 7/17/14 9:12 AM 90 ChAp......
  • Chevron's Liberty Exception
    • United States
    • Iowa Law Review Nbr. 104-2, January 2019
    • January 1, 2019
    ...1227(a)(2) (setting out criminal grounds of removal). 316. Id. § 1229a(c)(4). 317. 8 C.F.R. § 208.14 (2018). 318. 8 U.S.C. § 1231(b)(3); 8 C.F.R § 208.16. 319. 8 U.S.C. § 1229b. 320. See, e.g., Reyes v. Lynch, 842 F.3d 1125, 1129 (9th Cir. 2016) (holding, in an asylum eligibility case, that......
  • Social Media and Online Persecution
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-3, April 2021
    • April 1, 2021
    ...the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). See 8 U.S.C. § 1231; 8 C.F.R. §§ 208.16, 1208.16 (2021) (withholding of removal); 8 C.F.R. §§ 208.17, 208.18, 1208.17, 1208.18 (2021) (CAT). Although the focus of this Article ......
  • 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
    ...Concerning the Convention Against Torture, 64 Fed. Reg. at 8478–79. 51. See Nessel, supra note 13, at 82–83. 52. See id. 53. See 8 C.F.R. § 208.16(c) (2020); Regulations Concerning the Convention Against Torture, 64 Fed. Reg. at 8480–81. 54. See Regulations Concerning the Convention Against......
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