Scheme: 
DOJXEOIR0001
Case Type Number: 
7
Statute (Common Name): 
Immigration and Nationality Act of 1952
Program Area: 
Immigration
Legal Authorities (Statute/Exec. Order): 
8 USC 1225
Regulatory Authorities (CFR): 
8 CFR 1003.42; 8 CFR 1208.30(g)
Filed By: 
Federal Agency
Brief Description of Case Type: 
Credible Fear Review: stowaways and aliens subject to expedited removal under INA ยง 235(b)(1) may be afforded informal proceedings if they express a fear of persecution or torture. Aliens must first undergo a determination by a DHS asylum officer and upon a finding by that officer that there is no credible fear, the alien may request a review by an IJ. If the IJ finds that a stowaway has a credible fear, the stowaway is place in asylum-only proceedings (case type #***). If the IJ finds that an alien subject to removal under INA 235(b)(1) the alien is place in removal proceedings. If the IJ does not find credible fear, the alien is returned to DHS for removal. Neither party may appeal this decision, though DHS may reconsider its original determination that the alien had no credible fear.
Relief Available in Actions Filed by Agency: 
Other Agency Enforcement Action (General)
Verified by Agency: 
Verified