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According to the USCIS website: "An individual will be found to have a credible fear of persecution if he or she establishes that there is a "significant possibility" that he or she could establish in a full hearing before an Immigration Judge that he or she has been persecuted or has a well-founded fear of persecution or harm on account of his ...
The first step in requesting asylum is a credible fear interview, where a migrant must declare a fear of persecution if they are repatriated — that’s when the new rule will allow officers to ...
In United States immigration enforcement, " catch and release " refers to a practice of releasing a migrant to the community while he or she awaits hearings in immigration court, as an alternative to holding them in immigration detention. [1] [2] The migrants whom U.S. immigration enforcement agencies have allowed to remain in the community ...
With respect to asylum, because Congress employed different language in the asylum statute and incorporated the refugee definition from the international Convention relating to the Status of Refugees, the Court in Cardoza-Fonseca reasoned that the standard for showing a well-founded fear of persecution must necessarily be lower.
Under current law, a migrant who arrives at the border and undergoes an initial screening for “credible fear” — one criterion for asylum — is allowed to continue with the process even if ...
Credible fear interview. Migrants in expedited deportation proceedings who have told a Customs and Border Protection (CBP) officer that they fear persecution or torture if they return to their ...
Cardoza-Fonseca, 480 U.S. 421 (1987), [1] was a United States Supreme Court case that decided that the standard for withholding of removal, which was set in INS v. Stevic, [2] was too high a standard for applicants for asylum to satisfy. In its place, consistent with the standard set by the United Nations, the Court in held that an applicant ...
Those who pass initial asylum screenings — to determine whether there is a “credible fear” of persecution or torture — are generally freed into the U.S. to pursue their asylum cases in court.