8 CFR 1208.16 - 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 1208.16 |
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2900 practice notes
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...2009), adjudicators do not apply CAT itself, but rather the regulations issued pursuant to the implementing legislation, principally 8 CFR 1208.16(c)- 1208.18. See Foreign Affairs Reform and Restructuring Act of 1998 (``FARRA''), Public Law 105-277, sec. 2242(b), 112 Stat. 2681, 822 (codifi......
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Procedures for Asylum and Bars to Asylum Eligibility
...of the Foreign Affairs Reform and Restructuring Act of 1998, Public Law 105-277 (8 U.S.C. 1231 note). See 8 CFR 1208.13(c)(1); see also 8 CFR 1208.16(c) through These forms of protection prohibit removal to any country where the alien would more likely than not be persecuted on account of a......
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Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
...E.O. 13771 Designation: Other. Legal Authority: 8 U.S.C. 1158(b)(2)(C); 8 U.S.C. 1229a(c)(4) CFR Citation: 8 CFR 1208.3; 8 CFR 1208.13; 8 CFR 1208.16. Legal Deadline: Abstract: This rule will amend the regulations related to asylum, including bars to asylum eligibility, the form of an alien......
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Security Bars and Processing
...nationality, membership in a particular social group, or political opinion in the country of removal, consistent with the criteria in 8 CFR 1208.16(b). The immigration judge shall also make de novo determinations as to whether there is a reasonable possibility that the alien would be tortur......
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2837 cases
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In re A-B, Interim Decision #3929
...withholding of removal under 8 U.S.C § 1231(b)(3) and for protection under the United Nations Convention Against Torture ("CAT"), see 8 C.F.R. § 1208.16(c). Because the Board sustained the respondent's appeal as to her asylum claim, the Board did not address the immigration judge's denial o......
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Waffi v. Loiselle, No. 1:07cv742 (LMB/BRP).
...removal under section 241(b)(3) of the INA, 8 U.S.C. § 1231(b)(3), and under Article 3 of the Convention Against Torture ("CAT"), see 8 C.F.R. § 1208.16(c). Pet. Ex. 2 at 2. Between September, 2006 and February, 2007, petitioner requested and was granted four continuances of the hearing on ......
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In re M-D-C-V, Interim Decision #3989
...required for asylum, it follows that she has not satisfied the higher standard of proof required for withholding of removal. See 8 C.F.R. § 1208.16(b) (2020); see also Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir. 2000). Given our disposition of the appeal, we need not address the respo......
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Jabateh v. Lynch, No. 16-1112
...that denied his applications for asylum and withholding of removal under 8 U.S.C. § 1231(b)(3) and the Convention Against Torture, 8 C.F.R. § 1208.16(c). Petitioner's applications were denied on the basis that he had provided material support to the Tier III terrorist organization Liberians......
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3 books & journal articles
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Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
...139. J-S-, 24 I. & N. Dec. at 537; see also id. at 537–38. 140. J-F-F-, 23 I. & N. Dec. 912, 913 (Attorney Gen. 2006); see also 8 C.F.R. § 1208.16(c), .18 (2015). 141. See J-F-F-, 23 I. & N. Dec. at 914–17; see also 8 C.F.R. § 1208.16(c)(2) (“The burden of proof is on the applicant for with......
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Social Media and Online Persecution
...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 is on asy-lum, this......
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Continuing Persecution: An Argument for Doctrinal Codification in Light of In re A-T- and Brand X
...24 I. & N. Dec. at 299, 301. [194] Id. at 299 (quoting Oforji v. Ashcroft, 354 F.3d. 609, 615 (7th Cir. 2003)). [195] Id. (citing 8 C.F.R. § 1208.16(b)(1)(i)(A)). This regulation states that the presumption of a well-founded fear based on past persecution may be rebutted if an asylum of......