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 as | 8 CFR 208.16 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
2049 practice notes
-
Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...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
...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
...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
...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......
Request a trial to view additional results
1972 cases
-
Marogi v. Jenifer, No. 00-CV-74443-DT.
...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......
-
Mcallister v. Attorney General of U.S., No. 03-4513.
...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......
-
Maldonado v. Lynch, No. 09–71491.
...518 F.3d at 1083. On appeal, we concluded:Lemus–Galvan failed to establish that internal relocation within Mexico was impossible.See 8 C.F.R. § 208.16(c)(3)(ii) ; see also Hasan v. Ashcroft, 380 F.3d 1114, 1123 (9th Cir.2004). Substantial evidence therefore supports the IJ's decision to den......
-
Yusupov v. Attorney General of U.S., No. 05-4232.
...Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) also provide for withholding of removal. See 8 C.F.R. § 208.16(c). Like withholding of removal under the INA, withholding of removal under the CAT is unavailable to an alien to whom the national security exc......
Request a trial to view additional results
2 firm's commentaries
-
Using Country Conditions Evidence to Improve Appellate Review of Convention Against Torture Cases
...Section III.B. 7. In particular, “[e]vidence of gross, flagrant or mass violations of human rights within the country of removal.” 8 C.F.R. § 208.16(c)(3)(iii) (2020). Country conditions evidence is often de-veloped by reference to reports by the U.S. government, foreign governments, and no......
-
Cost Of Counsel In Immigration: Economic Analysis Of Proposal Providing Public Counsel To Indigent Persons Subject To Immigration Removal Proceedings
...of relief from removal including asylum (8 U.S.C. § 1158); withholding of removal (8 U.S.C. § 1231(b)(3)); Convention Against Torture (8 C.F.R. § 208.16); waivers of removability or inadmissibility (e.g., 8 U.S.C. §§ 1186a(c)(4), 1227 (a)(1)(D)(ii) (certain hardship waivers)); adjustment of......
9 books & journal articles
-
Asylum, Withholding of Removal, and Relief Under the Convention Against Torture
...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
...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
...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
...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......
Request a trial to view additional results