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Proposed RuleSignificant2020-125752020-06-15

Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review

Homeland Security Department, Justice Department, Executive Office for Immigration Review

Abstract

The Department of Justice and the Department of Homeland Security (collectively, "the Departments") propose to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act ("INA" or "the Act") ("statutory withholding of removal"), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT"), adjudicated by an immigration judge within the Executive Office for Immigration Review ("EOIR") in streamlined proceedings (rather than in proceedings under section 240 of the Act), and to specify what standard of review applies in such streamlined proceedings. The Departments further propose changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the CAT regulations. The Departments also propose amendments related to the standards for adjudication of applications for asylum and statutory withholding.

Action & Dates

Action
Joint notice of proposed rulemaking.
Dates
Written or electronic comments on the notice of proposed rulemaking must be submitted on or before July 15, 2020. Written comments postmarked on or before that date will be considered timely. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day. Comments specific to the proposed collection of information will be accepted until August 14, 2020. All such submissions received must include the OMB Control Number 1615-0067 in the body of the submission. Note: Comments received on the information collection that are intended as comments on the proposed rulemaking rather than those specific to the collection of information will be rejected.

CFR References

Topics

Administrative practice and procedureAliensAuthority delegations (Government agencies)FeesFreedom of informationImmigrationLegal servicesOrganization and functions (Government agencies)PrivacyReporting and recordkeeping requirementsSurety bonds

Public Comment

Comments Close
2020-07-15

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Parts 208 and 235 RIN 1615-AC42 Department of Justice Executive Office for Immigration Review 8 CFR Parts 1003, 1208, and 1235 [EOIR Docket No. 18-0002; A.G. Order No. 4714-2020] RIN 1125-AA94 AGENCY: Executive Office for Immigration Review, Department of Justice; U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Joint notice of proposed rulemaking. SUMMARY: The Department of Justice and the Department of Homeland Security (collectively, “the Departments”) propose to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (“INA” or “the Act”) (“statutory withholding of removal”), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), adjudicated by an immigration judge within the Executive Office for Immigration Review (“EOIR”) in streamlined proceedings (rather than in proceedings under section 240 of the Act), and to specify what standard of review applies in such streamlined proceedings. The Departments further propose changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of remova

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 85 FR 36264