Jurisdiction.

CFR · 2024-01-01 · US · Title 8

(a) (i) An asylum application filed by an alien physically present in the United States or seeking admission at a port-of-entry; and (ii) Interviews provided in accordance with section 235(b)(1)(B)(ii) of the Act to further consider the application for asylum of an alien, other than a stowaway, found to have a credible fear of persecution or torture in accordance with 8 CFR 208.30(f) and retained by USCIS, or referred to USCIS by an immigration judge pursuant to §§  1003.42 of this chapter and 1208.30, after the immigration judge has vacated a negative credible fear determination. Interviews to further consider applications for asylum under this paragraph (a)(1)(ii) are governed by the procedures provided for under 8 CFR 208.9. Further consideration of an asylum application filed by a stowaway who has received a positive credible fear determination will be under the jurisdiction of an immigration judge pursuant to paragraph (c) of this section. (2) USCIS shall also have initial jurisdiction over credible fear determinations under 8 CFR 208.30 and reasonable fear determinations under 8 CFR 208.31. (b) (c) (i) An alien crewmember who: (A) Is an applicant for a landing permit; (B) Has been refused permission to land under section 252 of the Act; or (C) On or after April 1, 1997, was granted permission to land under section 252 of the Act, regardless of whether the alien has remained in the United States longer than authorized; (ii) An alien stowaway who has been found to have a

official document · source cfr-2024 · id 8:§ 1208.2