2024-30500. Clarification Regarding Bars to Eligibility During Credible Fear and Reasonable Fear Review

an alien	a noncitizen.
The alien	The noncitizen.
the alien	the noncitizen.
the alien's	the noncitizen's.
an alien's	a noncitizen's.
Aliens	Noncitizens.
same alien	same noncitizen.
the Service	DHS.

b. Revising paragraphs (a), (d) and (e); and ( print page 105402)

c. In paragraph (b), (c), and (f) through (i), removing the words “Immigration Court” and “Immigration Judge” and adding in their place “immigration court” and “immigration judge”, respectively.

The revisions read as follows:

§ 1003.42

Review of credible fear determinations.

(a) Referral. Jurisdiction for an immigration judge to review a negative credible fear determination by an asylum officer pursuant to section 235(b)(1)(B) of the Act shall commence with the filing by DHS of Form I-863, Notice of Referral to Immigration Judge, and a complete copy of the record of determination as defined in section 235(b)(1)(B)(iii)(II) of the Act with the immigration court.

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(d) Standard of review. The immigration judge shall make a de novo determination as to whether there is a significant possibility, taking into account the credibility of the statements made by the noncitizen in support of the noncitizen's claim, and such other facts as are known to the immigration judge, that the noncitizen could establish eligibility for asylum under section 208 of the Act, or could establish eligibility for withholding of removal under section 241(b)(3)(B) of the Act, or withholding or deferral of removal under the Convention Against Torture with respect to the country or countries of removal identified pursuant to section 241(b) of the Act. This determination shall, where relevant, include review of the asylum officer's application of any bars to asylum and withholding of removal pursuant to 8 CFR 208.30(e)(5).

(e) Timing. The immigration judge shall conclude the review to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date the supervisory asylum officer has concurred with the asylum officer's negative credible fear determination issued on the Form I-869, Record of Negative Credible Fear Finding and Request for Review.

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PART 1208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

3. The authority citation for part 1208 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title VII of Pub. L. 110-229; Pub. L. 115-218.

§ 1208.31

[Amended]

4. Amend § 1208.31 by:

a. Revising the section heading;

b. Removing and reserving paragraphs (b), (c), and (d);

c. Revising paragraph (g) introductory text; and

d. In the additions to the amendments set forth above, as shown in the following table, remove the words in the left column and add in their place the words in the right column wherever they appear:

an alien	a noncitizen.
the alien	the noncitizen.
any alien	any noncitizen.
alien's	noncitizen's.
aliens	noncitizens.
the Service	DHS.

The revisions read as follows:

§ 1208.31

Reasonable fear of persecution or torture determinations involving noncitizens ordered removed under section 238(b) of the Act and noncitizens whose removal is reinstated under section 241(a)(5) of the Act.

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(g) Review by immigration judge. The asylum officer's negative decision regarding reasonable fear shall be subject to de novo review by an immigration judge upon the noncitizen's request. The immigration judge's review shall, where relevant, include review of the asylum officer's application of any bars to withholding of removal pursuant to 8 CFR 208.31(c). If the noncitizen requests review of the asylum officer's negative decision regarding reasonable fear, the asylum officer shall serve the noncitizen with a Form I-863, Notice of Referral to Immigration Judge. The record of determination, including copies of the Form I-863, Notice of Referral to Immigration Judge, the asylum officer's notes, the summary of the material facts, and other materials upon which the determination was based shall be provided to the immigration judge with the negative determination. In the absence of exceptional circumstances, such review shall be conducted by the immigration judge within 10 days of the filing of the Form I-863, Notice of Referral to Immigration Judge, and the complete record of determination with the immigration court. Upon review of the asylum officer's negative reasonable fear determination:

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5. Amend § 1208.33 by:

a. As shown in the following table, removing the words in the left column and adding in their place the words in the right column wherever they appear; and

An alien	A noncitizen.
an alien	a noncitizen.
The alien	The noncitizen.
the alien	the noncitizen.
alien's	noncitizen's.