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Immigration Judge Decisions Overturning Asylum Officer Findings in Credible Fear Cases

March 14, 2023 (1 min read)

TRAC, Mar. 14, 2023

"... On average slightly over 25 percent of IJ decisions over the last 25 years have found that migrants had established having a credible fear of persecution or torture after an asylum officer initially denied the claim. It is important to remember that most credible fear reviews are conducted by asylum officers in US Citizenship and Immigration Services (USCIS). The cases Immigration Judges hear are only those which were first turned down by asylum officers, that is the asylum officer did not find credible fear to be established. This means that IJ decisions found that 25 percent of asylum seekers who didn’t pass this first screening, actually should have passed and, as a result, the IJ overturned these asylum officers’ decisions. ..."