98-20666. Executive Office for Immigration Review; New Rules Regarding Procedures for Asylum and Withholding of Removal

[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Proposed Rules]
[Page 41478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20666]



[[Page 41478]]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 208

[INS No. 1865-97; AG No. 2164-98]
RIN 1115-AE93


Executive Office for Immigration Review; New Rules Regarding 
Procedures for Asylum and Withholding of Removal

AGENCY: Immigration and Naturalization Service, Executive Office for 
Immigration Review, Justice.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On June 11, 1998, at 63 FR 31945, the Immigration and 
Naturalization Service and the Executive Office for Immigration Review 
proposed amendments to the Department of Justice regulations governing 
asylum and withholding of removal. The amendments are intended to 
establish new guidelines regarding cases where the applicant has 
establish past persecution or where the applicant may be able to avoid 
persecution in his or her home country by relocating to another area of 
that country. The proposed rule also provides further clarification 
regarding the exercise of discretion by the Attorney General in cases 
where past persecution is established and about the considerations 
relevant to whether an applicant has a well-founded fear of future 
persecution. The proposed rule makes similar changes to regulations 
governing withholding of deportation. The rule also identifies new 
factors that may be considered in the exercise of discretion in asylum 
cases where the applicant has established past persecution but may not 
have a well-founded fear of future persecution. The rule further 
provides that the asylum and withholding standards require a showing 
that a risk of harm exists throughout the country in question. This 
notice changes the deadline for submitting public comments from July 
13, 1998, to September 11, 1998.

DATES: Written comments must be submitted on or before September 11, 
1998.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 
20536. To ensure proper handling, please reference INS number 1865-97 
on your correspondence. Comments are available for public inspection at 
the above-noted address by calling [phone] to arrange an 
appointment.

FOR FURTHER INFORMATION CONTACT:
Christine Davidson, Senior Policy Analyst, Asylum Division, Immigration 
and Naturalization Service, 425 I Street, NW, Washington DC 20536, 
Attn. ULLICO Bldg, 3rd Floor, telephone [phone]; Margaret M. 
Philbin, General Counsel, Executive Office for Immigration Review, 
Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, telephone 
[phone].

    Dated: July 27, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-20666 Filed 8-3-98; 8:45 am]
BILLING CODE 4410-10-M