[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR208.1]



[Page 138-139]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of 

Contents

 

               Subpart A_Asylum and Withholding of Removal

 

Sec. 208.1  General.









               Subpart A_Asylum and Withholding of Removal



Sec.

208.1 General.

208.2 Jurisdiction.

208.3 Form of application.

208.4 Filing the application.

208.5 Special duties toward aliens in custody of the Service.

208.6 Disclosure to third parties.

208.7 Employment authorization.

208.8 Limitations on travel outside the United States.

208.9 Procedure for interview before an asylum officer.

208.10 Failure to appear at an interview before an asylum officer or 

          failure to follow requirements for fingerprint processing.

208.11 Comments from the Department of State.

208.12 Reliance on information compiled by other sources.

208.13 Establishing asylum eligibility.

208.14 Approval, denial, referral, or dismissal of application.

208.15 Definition of ``firm resettlement.''

208.16 Withholding of removal under section 241(b)(3)(B) of the Act and 

          withholding of removal under the Convention Against Torture.

208.17 Deferral of removal under the Convention Against Torture.

208.18 Implementation of the Convention Against Torture.

208.19 Decisions.

208.20 Determining if an asylum application is frivolous.

208.21 Admission of the asylee's spouse and children.

208.22 Effect on exclusion, deportation, and removal proceedings.

208.23 Restoration of status.

208.24 Termination of asylum or withholding of removal or deportation.

208.25-208.29 [Reserved]



                 Subpart B_Credible Fear of Persecution



208.30 Credible fear determinations involving stowaways and applicants 

          for admission found inadmissible pursuant to section 

          212(a)(6)(C) or 212(a)(7) of the Act.

208.31 Reasonable fear of persecution or torture determinations 

          involving aliens ordered removed under section 238(b) of the 

          Act and aliens whose removal is reinstated under section 

          241(a)(5) of the Act.



    Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.



    Source: 62 FR 10337, Mar. 6, 1997, unless otherwise noted.







    (a) Applicability. Unless otherwise provided in this chapter, this 

subpart shall apply to all applications for asylum under section 208 of 

the Act or for withholding of deportation or withholding of removal 

under section 241(b)(3) of the Act, or under the Convention Against 

Torture, whether before an asylum officer or an immigration judge, 

regardless of the date of filing. For purposes of this chapter, 

withholding of removal shall also mean withholding of deportation under 

section 243(h) of the Act, as it appeared prior to April 1, 1997, except 

as provided in Sec. 208.16(d). Such applications are hereinafter 

referred to as ``asylum applications.'' The provisions of this



[[Page 139]]



part shall not affect the finality or validity of any decision made by a 

district director, an immigration judge, or the Board of Immigration 

Appeals in any such case prior to April 1, 1997. No asylum application 

that was filed with a district director, asylum officer, or immigration 

judge prior to April 1, 1997, may be reopened or otherwise reconsidered 

under the provisions of this part except by motion granted in the 

exercise of discretion by the Board of Immigration Appeals, an 

immigration judge, or an asylum officer for proper cause shown. Motions 

to reopen or reconsider must meet the requirements of sections 240(c)(5) 

and (c)(6) of the Act, and 8 CFR parts 3 and 103, where applicable.

    (b) Training of asylum officers. The Director of International 

Affairs shall ensure that asylum officers receive special training in 

international human rights law, nonadversarial interview techniques, and 

other relevant national and international refugee laws and principles. 

The Director of International Affairs shall also, in cooperation with 

the Department of State and other appropriate sources, compile and 

disseminate to asylum officers information concerning the persecution of 

persons in other countries on account of race, religion, nationality, 

membership in a particular social group, or political opinion, torture 

of persons in other countries, and other information relevant to asylum 

determinations, and shall maintain a documentation center with 

information on human rights conditions.



[64 FR 8487, Feb. 19, 1999]