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| DHS/USCIS | RIN: 1615-AB90 | Publication ID: Spring 2011 |
| Title: Ineffective Assistance of Counsel Claims in Asylum Cases | |
| Abstract: The purpose of this proposed rule is to revise the uniform procedural and substantive requirements for finding an "extraordinary circumstance" for purposes of the one-year asylum filing deadline based on claims of ineffective assistance of counsel. This rule is intended to clarify the documentary requirements for claiming ineffective assistance of counsel. This is necessary because the alien's failure to submit evidence on key issues, or copies of relevant documents may not fulfill his or her burden of proof to establish an "extraordinary circumstance" and it can result in a referral or denial of the asylum application based on the failure to meet the one-year filing deadline. | |
| Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 8 CFR 208 | |
| Legal Authority: 8 USC 1101 8 USC 1103 8 USC 1158 ... | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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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 |
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