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DHS/USCIS

RIN: 1615-AA41

Publication ID: Spring 2013

Title: Asylum and Withholding Definitions
Abstract: This rule proposes to amend Department of Homeland Security regulations that govern asylum eligibility. The amendments focus on portions of the regulations that deal with the definitions of membership in a particular social group, the requirements for failure of State protection, and determinations about whether persecution is inflicted on account of a protected ground. This rule codifies long-standing concepts of the definitions. It clarifies that gender can be a basis for membership in a particular social group. It also clarifies that a person who has suffered or fears domestic violence may under certain circumstances be eligible for asylum on that basis. After the Board of Immigration Appeals published a decision on this issue in 1999, Matter of R-A-, Int. Dec. 3403 (BIA 1999), it became clear that the governing regulatory standards required clarification. The Department of Justice began this regulatory initiative by publishing a proposed rule addressing these issues in 2000.
Agency: Department of Homeland Security(DHS)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 2 8 CFR 208
Legal Authority: 8 USC 1103 8 USC 1158 8 USC 1226 8 USC 1252 8 USC 1282

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/07/2000	65 FR 76588
NPRM Comment Period End	01/22/2001
NPRM	12/00/2013

Additional Information: CIS No. 2092-00 Transferred from RIN 1115-AF92
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Ted Kim Deputy Chief, Asylum Division, Office of Refugee, Asylum, and International Operations Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW, Suite 6030, Washington, DC 20259 Phone:202 272-1614 Fax:202 272-1994 Email: ted.h.kim@uscis.dhs.gov