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Anonymous ID: f74a5a Dec. 10, 2020, 3:42 p.m. No.11974899   🗄️.is đź”—kun   >>5279 >>5309 >>5359 >>5374 >>5657 >>5750

https://public-inspection.federalregister.gov/2020-26875.pdf

 

The Final Rule addresses public comment received following publication of a Notice of Proposed Rulemaking, and codifies amendments to multiple provisions of the Departments’ regulations. The rule takes effect 30 days after publication in the Federal Register, which is scheduled to occur on Friday, Dec. 11, 2020.

 

The Final Rule makes the following changes to the Departments’ regulations:

 

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 immigration court proceedings conducted under section 240 of the INA;

Permit immigration judges to pretermit asylum applications without a hearing if the application does not demonstrate prima facie eligibility for relief;

Clarify when an application is “frivolous”;

Clarify standards for the adjudication of asylum and withholding claims including amendments to the definitions of the terms “particular social group,” “political opinion,” “persecution,” and “firm resettlement”;

Outline factors, including an exemption for children under 18 for the factor regarding unlawful entry or attempted unlawful entry, for adjudicators to consider when making discretionary determinations;

Clarify the standard for determining the acquiescence of a public official or other person acting in an official capacity under the CAT regulations;

Raise the burden of proof for the threshold screening of withholding and CAT protection claims from “significant possibility” to a “reasonable possibility” standard;

Apply bars to asylum and withholding when making credible fear determinations; and

Clarify the requirement to protect certain information contained in asylum applications, applications for withholding of removal under the INA, applications for protection under the regulations implementing the CAT, and applications for refugee admissions.