AILA provides a series of 12 charts comparing President Biden’s accomplishments 100 days after entering office with the comprehensive recommendations AILA presented to the president.View All
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 20121400 | Dated December 11, 2020 | File Size: 241 KDownload the Document
EOIR issued a memo (PM 21-09) establishing EOIR policy and procedures regarding new DHS and DOJ regulations, effective January 11, 2021, about credible fear and reasonable fear review screenings and the adjudication of asylum, statutory withholding of removal, and protection under CAT claims.
Per the memo:
The regulatory changes apply only prospectively—i.e., to all asylum applications (including applications for statutory withholding of removal and protection under the CAT regulations) filed on or after its effective date and, for purposes of the changes to the credible fear and related screening procedures and reasonable fear review procedures, to all aliens apprehended or otherwise encountered by DHS on or after the effective date. Nevertheless, although the rulemaking itself is not retroactive, nothing in the rule precludes adjudicators from applying existing authority codified by the rule to pending cases, independent of the prospective application of the rule. Accordingly, the statutory authority and case law incorporated into the rule, as reflected in both the NPRM and the final rule, would continue to apply if the rule itself does not go into effect as scheduled.
[[To print the PDF on this page please use the print function in the PDF reader.]]
Cite as AILA Doc. No. 20121400.Open the Document
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-2021
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.