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DOJ/EOIR RIN: 1125-AB14 Publication ID: Fall 2021 
Title: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review 
Abstract:

On December 11, 2020, the Department of Justice (DOJ) and the Department of Homeland Security (collectively, the Departments) published a final rule titled Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review (RINs 1125-AA94 and 1615-AC42) to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act ("INA" or "the Act") (statutory withholding of removal), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), adjudicated by an immigration judge within the Executive Office for Immigration Review (EOIR) in separate proceedings (rather than in proceedings under section 240 of the Act), and to specify what standard of review applies in such proceedings. The final rule amended the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the CAT regulations. The final rule also changed amendments related to the standards for adjudication of applications for asylum and statutory withholding. The Departments are planning to rescind or modify the regulatory changes made by the December 2020 rule, in two separate rulemaking proceedings.  First, the Departments will propose to rescind or modify certain portions of the final rule (including issues related to the definition of particular social group, among others) as part of the rulemaking action described in 1125-AB13.  Second, the Departments will propose to rescind or modify the remaining regulatory changes made by the December 2020 rule under this RIN, 1125-AB14.

 
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 1003    8 CFR 1208    8 CFR 1235   
Legal Authority: 8 U.S.C. 1103(g)    8 U.S.C. 1158(b)(2)(C)    8 U.S.C. 1158(d)(5)(B)    8 U.S.C. 1225    8 U.S.C. 1231(b)(3)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/00/2022 
Additional Information: Related to EOIR Docket No. 18-0102
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.regulations.gov   Public Comment URL: http://www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Related to 1125-AA94, Related to 1615-AC42  Related Agencies: Joint: DHS/USCIS; 
Agency Contact:
Lauren Alder Reid
Assistant Director, Office of Policy, Executive Office for Immigration Review
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1800,
Falls Church, VA 22041
Phone:703 305-0289
Email: pao.eoir@usdoj.gov