Joint EOIR and USCIS Proposed Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection

Joint EOIR and USCIS proposed rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Comments on the proposed rule are due 7/15/20 and comments on proposed form changes are due 8/14/20. (85 FR 36264, 6/15/20)

DOJ and DHS propose to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal, or protection under the CAT adjudicated by an immigration judge in streamlined proceedings rather than in proceedings under INA §240, and to specify what standard of review applies in such streamlined proceedings. The departments further propose changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the CAT regulations. The departments also propose amendments related to the standards for adjudication of applications for asylum and statutory withholding.

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Cite as AILA Doc. No. 20062090.

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