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DOJ/EOIR

RIN: 1125-AA76

Publication ID: Spring 2014

Title: Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal
Abstract: This joint rule proposes amendments to Department of Homeland Security (DHS) and Department of Justice (DOJ) regulations to describe the circumstances under which an applicant will continue to be eligible for asylum, refugee, or temporary protected status, special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act, and withholding of removal, even if DHS or DOJ has determined that the applicant's actions contributed, in some way, to the persecution of others. The purpose of this rule is to resolve ambiguity in the statutory language precluding eligibility for asylum, refugee, and temporary protected status of an applicant who ordered, incited, assisted, or otherwise participated in the persecution of others. The proposed amendment would provide a limited exception for actions taken by the applicant under duress and clarify the required levels of the applicant's knowledge of the persecution.
Agency: Department of Justice(DOJ)	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 1 8 CFR 207 8 CFR 240 8 CFR 244 8 CFR 1001 8 CFR 1208 8 CFR 1240
Legal Authority: 8 USC 1101 8 USC 1103 8 USC 1158 8 USC 1226 PL 107-26 PL 110-229

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/00/2014
NPRM Comment Period End	02/00/2015

Additional Information: Joint rule with the Department of Homeland Security (RIN: 1615-AB89)
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Related Agencies: Joint: DHS/USCIS;
Agency Contact: Charles Adkins-Blanch Acting General Counsel Department of Justice Executive Office for Immigration Review Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041 Phone:703 305-0470 Fax:703 305-0443 Email: eoir.regs.@usdoj.gov