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Immigration Law

Former IJs and BIA Members Comment on Credible Fear Proposed Rule

Letter from the Round Table of Former Immigration Judges, Oct. 19, 2021

Comments on Proposed Rulemaking: 86 FR 46906, Procedures for Credible Fear Screening and Consideration of Asylum

"Limitation on Immigration Judge Review: We strongly oppose the proposal to severely restrict the right of those denied asylum by USCIS to a full de novo merits hearing before an Immigration Judge.  Given the significant increases in efficiency mentioned above, the proposed restrictions are unnecessary to reduce the backlog. Regardless, even if EOIR and DHS disagree with this assessment, regulations may neither contradict the Congressional intent of statutes they seek to interpret, nor deny due process in the name of efficiency. Yet the proposed rule would violate both of these principles in the changes they propose to Immigration Court procedures."

[There's more.  Please read the whole thing.]