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Such consultation shall be at no expense to the Government and shall not unreasonably delay the process. In situations in which a private actor is the persecutor, however, there is no apparent reason why the same presumption should apply, as a private individual or organization would not ordinarily be expected to have influence everywhere in a country. Unaccompanied alien children, as defined in 6. Further, the sharing of information between the Departments regarding an alien in immigration proceedings does not constitute a disclosure under these regulations and is otherwise excepted pursuant to 43. 102, Congress furthered implementation of the United Nations Protocol Relating to the Status of Refugees (“Refugee Protocol”), Jan. 31, 1967, 19 U.S.T. INA 240(c)(7), The factors set forth in this rule do not affect the adjudicator's ability to consider whether there exist extraordinary circumstances, such as those involving national security or foreign policy considerations, or whether the denial of asylum would result in an exceptional and extremely unusual hardship to the alien. edition of the Federal Register.
Thus, an asylum officer's finding that an application is frivolous would help improve the efficiency and integrity of the overall adjudicatory process.Asylum officers are well prepared to put the proposed regulatory changes into operation. 355 This repetition of headings to form internal navigation links These tools are designed to help you understand the official document
35 But the Departments have elected to retain the “credible fear” nomenclature because the relevant statutory provision is titled “removal without further review if no credible fear of persecution,” INA 235(b)(1)(B)(iii), 16. In this Issue (e) Nothing in this section shall be construed as prohibiting the disclosure of information contained in an application for asylum, withholding of removal under section 241(b)(3)(B) of the Act, or protection under regulations issued pursuant to the Convention Against Torture's implementing legislation, information supporting that application, information regarding an alien who has filed such an application, or information regarding an alien who has been the subject of a reasonable fear or credible fear determination:(1) Among employees and officers of the Department of Justice, the Department of Homeland Security, the Department of State, the Department of Health and Human Services, the Department of Labor, or a U.S. national security agency having a need to examine the information for an official purpose; or(2) Where a United States Government employee or contractor has a good faith and reasonable belief that disclosure is necessary to prevent the commission of a crime, the furtherance of an ongoing crime, or to ameliorate the effects of a crime. Nothing in the proposed rule would prohibit agencies from placing additional restrictions on the disclosure of information consistent with internal policies as long as those policies do not conflict with the proposed regulatory language.The data in this report only include approvals or denials (46. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day. Forty-three countries have signed the Refugee Convention since 1990. A number of civil rights and immigrant advocacy organizations will likely challenge the new regulations in the coming months. (ii) If the alien is determined to be an alien described as ineligible for asylum in (ii) The record of the negative fear determination, including copies of the Notice of Referral to Immigration Judge, the asylum officer's notes, the summary of the material facts, and other materials upon which the determination was based shall be provided to the immigration judge with the negative fear determination. New Documents DHS will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.