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DOJ/EOIR | RIN: 1125-AB22 | Publication ID: Spring 2024 |
Title: Hearing Requirements and Application Procedures for Asylum and Related Protection | |
Abstract:
On December 16, 2020, by the rule titled Procedures for Asylum and Withholding of Removal (RIN 1125-AA93) the Department of Justice (Department) amended the regulations governing the adjudication of applications for asylum and related protection before EOIR, including requirements for filing a complete application and consequences for filing an incomplete application, filing and adjudication timelines for asylum and related protection in certain proceedings before EOIR, and amendments related to the information an immigration judge may consider when adjudicating applications for asylum and related protection. To revise the regulations related to EOIR adjudicatory procedures for asylum and related protection, the Department initially considered two separate rulemakings to generally require immigration judges to hold evidentiary hearings for asylum and related protection before adjudicating such applications (RIN 1125-AB22) and to reconsider the provisions that focus on the filing and adjudication of such applications (RIN 1125-AB15). After determining that these regulatory actions both relate to the procedures for adjudicating applications for asylum and related protection, the Department has decided to combine the two regulatory actions into a single rulemaking under RIN 1125-AB22 to rescind or modify the regulatory revisions made by Procedures for Asylum and Withholding of Removal (RIN 1125-AA93) and clarify that immigration judges must generally conduct an evidentiary hearing prior to adjudicating an application for asylum or related protection, consistent with Matter of E-F-H-L- , 26 I&N Dec. 319 (BIA 2014). |
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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 1208.13 8 CFR 1208.14 8 CFR 1240.11 | |
Legal Authority: 8 U.S.C. 1103(g) 8 U.S.C. 1158 8 U.S.C. 1229a |
Legal Deadline:
None |
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Timetable:
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Additional Information: Former RIN 1125-AB15 merged into this rulemaking. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Information URL: http://regulations.gov | Public Comment URL: http://regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Raechel Horowitz Chief, Immigration Law Division, Office of Policy 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 |