[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1208.1]

[Page 917-918]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of Contents
 
               Subpart A_Asylum and Withholding of Removal
 
Sec. 1208.1  General.

               Subpart A_Asylum and Withholding of Removal

Sec.
1208.1 General.
1208.2 Jurisdiction.
1208.3 Form of application.
1208.4 Filing the application.
1208.5 Special duties toward aliens in custody of DHS.
1208.6 Disclosure to third parties.
1208.7 Employment authorization.
1208.8 Limitations on travel outside the United States.
1208.9 Procedure for interview before an asylum officer.
1208.10 Failure to appear at a scheduled hearing before an immigration 
          judge; failure to follow requirements for biometrics and other 
          biographical information processing.
1208.11 Comments from the Department of State.
1208.12 Reliance on information compiled by other sources.
1208.13 Establishing asylum eligibility.
1208.14 Approval, denial, referral, or dismissal of application.
1208.15 Definition of ``firm resettlement.''
1208.16 Withholding of removal under section 241(b)(3)(B) of the Act and 
          withholding of removal under the Convention Against Torture.
1208.17 Deferral of removal under the Convention Against Torture.
1208.18 Implementation of the Convention Against Torture.
1208.19 Decisions.
1208.20 Determining if an asylum application is frivolous.
1208.21 Admission of the asylee's spouse and children.
1208.22 Effect on exclusion, deportation, and removal proceedings.
1208.23 Restoration of status.
1208.24 Termination of asylum or withholding of removal or deportation.
1208.25-1208.29 [Reserved]

                 Subpart B_Credible Fear of Persecution

1208.30 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.

[[Page 918]]

1208.31 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. 1101, 1103, 1158, 1226, 1252, 1282; Title VII of 
Public Law 110-229.

    Source: 62 FR 10337, Mar. 6, 1997, unless otherwise noted. 
Duplicated from part 208 at 68 FR 9834, Feb. 28, 2003.

    Editorial Note: Nomenclature changes to part 1208 appear at 68 FR 
9846, Feb. 28, 2003, and at 68 FR 10352, Mar. 5, 2003.



    (a) Applicability. (1) In general. Unless otherwise provided in this 
chapter V, this subpart A 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 V, 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. 1208.16(d). Such applications 
are hereinafter referred to as ``asylum applications.'' The provisions 
of this 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)(6) 
and (c)(7) of the Act, and 8 CFR parts 1003 and 1103, where applicable.
    (2) Commonwealth of the Northern Mariana Islands. The provisions of 
this subpart A shall not apply prior to January 1, 2015, to an alien 
physically present in or arriving in the Commonwealth of the Northern 
Mariana Islands seeking to apply for asylum. No application for asylum 
may be filed prior to January 1, 2015, pursuant to section 208 of the 
Act by an alien physically present in or arriving in the Commonwealth of 
the Northern Mariana Islands. Effective on the transition program 
effective date, the provisions of this subpart A shall apply to aliens 
physically present in or arriving in the CNMI with respect to 
withholding of removal under section 241(b)(3) of the Act and 
withholding and deferral of removal under the Convention Against 
Torture.
    (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, as amended at 74 FR 55741, Oct. 28, 2009]