USCIS Provides Guidance on Processing Affirmative Applications (Form I-589) Filed by Applicants in Expedited Removal and Processing Credible Fear Case

USCIS released a memorandum with procedures for processing affirmative asylum applications (Form I-589) filed by individuals who are in expedited removal. It also includes procedures for processing credible fear cases for individuals who are in expedited removal and who are not in immigration detention (non-detained). This memo and jurisdiction chart were released in response to discovery requests in Mendez-Rojas v. Duke and included in an American Immigration Council practice advisory: USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear.

Related Resources

• Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application (Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash. Filed June 30, 2016)
• American Immigration Council Practice Advisory: USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear