§ 1158. Asylum
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the
United States or who arrives in the United
States (whether or not at a designated port of
arrival and including an alien who is brought
to the United States after having been inter-
dicted in international or United States wa-
ters), irrespective of such alien’s status, may
apply for asylum in accordance with this sec-
tion or, where applicable, section 1225(b) of
this title.
(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if
the Attorney General determines that the
alien may be removed, pursuant to a bilat-
eral or multilateral agreement, to a country
(other than the country of the alien’s na-
tionality or, in the case of an alien having
no nationality, the country of the alien’s
last habitual residence) in which the alien’s
life or freedom would not be threatened on
account of race, religion, nationality, mem-
bership in a particular social group, or polit-
ical opinion, and where the alien would have
access to a full and fair procedure for deter-
mining a claim to asylum or equivalent tem-
porary protection, unless the Attorney Gen-
eral finds that it is in the public interest for
the alien to receive asylum in the United
States.
(B) Time limit
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien unless the alien
demonstrates by clear and convincing evi-
dence that the application has been filed
within 1 year after the date of the alien’s ar-
rival in the United States.
(C) Previous asylum applications
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien if the alien has
previously applied for asylum and had such
application denied.
(D) Changed circumstances
An
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Authority boundary: historical or unconfirmed source not current law verified.
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Page 145
TITLE 8—ALIENS AND NATIONALITY
§ 1158
Presidential Determination No. 88–16, May 20, 1988, 53
F.R. 21405.
Presidential Determination No. 88–01, Oct. 5, 1987, 52
F.R. 42073.
Presidential Determination No. 87–1, Oct. 17, 1986, 51
F.R. 39637.
Presidential Determination No. 83–2, Oct. 11, 1982, 47
F.R. 46483.
Presidential Determination No. 82–1, Oct. 10, 1981, 46
F.R. 55233.
Presidential Determination No. 80–28, Sept. 30, 1980,
45 F.R. 68365.
§ 1158. Asylum
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the
United States or who arrives in the United
States (whether or not at a designated port of
arrival and including an alien who is brought
to the United States after having been inter-
dicted in international or United States wa-
ters), irrespective of such alien’s status, may
apply for asylum in accordance with this sec-
tion or, where applicable, section 1225(b) of
this title.
(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if
the Attorney General determines that the
alien may be removed, pursuant to a bilat-
eral or multilateral agreement, to a country
(other than the country of the alien’s na-
tionality or, in the case of an alien having
no nationality, the country of the alien’s
last habitual residence) in which the alien’s
life or freedom would not be threatened on
account of race, religion, nationality, mem-
bership in a particular social group, or polit-
ical opinion, and where the alien would have
access to a full and fair procedure for deter-
mining a claim to asylum or equivalent tem-
porary protection, unless the Attorney Gen-
eral finds that it is in the public interest for
the alien to receive asylum in the United
States.
(B) Time limit
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien unless the alien
demonstrates by clear and convincing evi-
dence that the application has been filed
within 1 year after the date of the alien’s ar-
rival in the United States.
(C) Previous asylum applications
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien if the alien has
previously applied for asylum and had such
application denied.
(D) Changed circumstances
An application for asylum of an alien may
be
considered,
notwithstanding
subpara-
graphs (B) and (C), if the alien demonstrates
to the satisfaction of the Attorney General
either
the
existence
of
changed
cir-
cumstances which materially affect the ap-
plicant’s eligibility for asylum or extraor-
dinary circumstances relating to the delay
in filing an application within the period
specified in subparagraph (B).
(E) Applicability
Subparagraphs (A) and (B) shall not apply
to an unaccompanied alien child (as defined
in section 279(g) of title 6).
(3) Limitation on judicial review
No court shall have jurisdiction to review
any determination of the Attorney General
under paragraph (2).
(b) Conditions for granting asylum
(1) In general
(A) Eligibility
The Secretary of Homeland Security or
the Attorney General may grant asylum to
an alien who has applied for asylum in ac-
cordance with the requirements and proce-
dures established by the Secretary of Home-
land Security or the Attorney General under
this section if the Secretary of Homeland
Security or the Attorney General deter-
mines that such alien is a refugee within the
meaning of section 1101(a)(42)(A) of this
title.
(B) Burden of proof
(i) In general
The burden of proof is on the applicant
to establish that the applicant is a refugee,
within
the
meaning
of
section
1101(a)(42)(A) of this title. To establish
that the applicant is a refugee within the
meaning of such section, the applicant
must establish that race, religion, nation-
ality, membership in a particular social
group, or political opinion was or will be
at least one central reason for persecuting
the applicant.
(ii) Sustaining burden
The testimony of the applicant may be
sufficient to sustain the applicant’s burden
without corroboration, but only if the ap-
plicant satisfies the trier of fact that the
applicant’s testimony is credible, is per-
suasive, and refers to specific facts suffi-
cient to demonstrate that the applicant is
a refugee. In determining whether the ap-
plicant has met the applicant’s burden, the
trier of fact may weigh the credible testi-
mony along with other evidence of record.
Where the trier of fact determines that the
applicant should provide evidence that
corroborates otherwise credible testimony,
such evidence must be provided unless the
applicant does not have the evidence and
cannot reasonably obtain the evidence.
(iii) Credibility determination
Considering the totality of the cir-
cumstances, and all relevant factors, a
trier of fact may base a credibility deter-
mination on the demeanor, candor, or re-
sponsiveness of the applicant or witness,
the inherent plausibility of the applicant’s
or witness’s account, the consistency be-
tween the applicant’s or witness’s written
and oral statements (whenever made and
whether or not under oath, and consid-
ering the circumstances under which the
statements were made), the internal con-
Page 146
TITLE 8—ALIENS AND NATIONALITY
§ 1158
sistency of each such statement, the con-
sistency of such statements with other evi-
dence of record (including the reports of
the Department of State on country condi-
tions), and any inaccuracies or falsehoods
in such statements, without regard to
whether an inconsistency, inaccuracy, or
falsehood goes to the heart of the appli-
cant’s claim, or any other relevant factor.
There is no presumption of credibility,
however, if no adverse credibility deter-
mination is explicitly made, the applicant
or witness shall have a rebuttable pre-
sumption of credibility on appeal.
(2) Exceptions
(A) In general
Paragraph (1) shall not apply to an alien if
the Attorney General determines that—
(i) the alien ordered, incited, assisted, or
otherwise participated in the persecution
of any person on account of race, religion,
nationality, membership in a particular
social group, or political opinion;
(ii) the alien, having been convicted by a
final judgment of a particularly serious
crime, constitutes a danger to the commu-
nity of the United States;
(iii) there are serious reasons for believ-
ing that the alien has committed a serious
nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
(iv) there are reasonable grounds for re-
garding the alien as a danger to the secu-
rity of the United States;
(v) the alien is described in subclause (I),
(II),
(III),
(IV),
or
(VI)
of
section
1182(a)(3)(B)(i) of this title or section
1227(a)(4)(B) of this title (relating to ter-
rorist activity), unless, in the case only of
an alien described in subclause (IV) of sec-
tion 1182(a)(3)(B)(i) of this title, the Attor-
ney General determines, in the Attorney
General’s discretion, that there are not
reasonable grounds for regarding the alien
as a danger to the security of the United
States; or
(vi) the alien was firmly resettled in an-
other country prior to arriving in the
United States.
(B) Special rules
(i) Conviction of aggravated felony
For purposes of clause (ii) of subpara-
graph (A), an alien who has been convicted
of an aggravated felony shall be considered
to have been convicted of a particularly
serious crime.
(ii) Offenses
The Attorney General may designate by
regulation offenses that will be considered
to be a crime described in clause (ii) or
(iii) of subparagraph (A).
(C) Additional limitations
The Attorney General may by regulation
establish additional limitations and condi-
tions, consistent with this section, under
which an alien shall be ineligible for asylum
under paragraph (1).
(D) No judicial review
There shall be no judicial review of a de-
termination of the Attorney General under
subparagraph (A)(v).
(3) Treatment of spouse and children
(A) In general
A spouse or child (as defined in section
1101(b)(1)(A), (B), (C), (D), or (E) of this title)
of an alien who is granted asylum under this
subsection may, if not otherwise eligible for
asylum under this section, be granted the
same status as the alien if accompanying, or
following to join, such alien.
(B) Continued classification of certain aliens
as children
An unmarried alien who seeks to accom-
pany, or follow to join, a parent granted asy-
lum under this subsection, and who was
under 21 years of age on the date on which
such parent applied for asylum under this
section, shall continue to be classified as a
child for purposes of this paragraph and sec-
tion 1159(b)(3) of this title, if the alien at-
tained 21 years of age after such application
was filed but while it was pending.
(C) Initial jurisdiction
An asylum officer (as defined in section
1225(b)(1)(E) of this title) shall have initial
jurisdiction over any asylum application
filed by an unaccompanied alien child (as de-
fined in section 279(g) of title 6), regardless
of whether filed in accordance with this sec-
tion or section 1225(b) of this title.
(c) Asylum status
(1) In general
In the case of an alien granted asylum under
subsection (b), the Attorney General—
(A) shall not remove or return the alien to
the alien’s country of nationality or, in the
case of a person having no nationality, the
country of the alien’s last habitual resi-
dence;
(B) shall authorize the alien to engage in
employment in the United States and pro-
vide the alien with appropriate endorsement
of that authorization; and
(C) may allow the alien to travel abroad
with the prior consent of the Attorney Gen-
eral.
(2) Termination of asylum
Asylum granted under subsection (b) does
not convey a right to remain permanently in
the United States, and may be terminated if
the Attorney General determines that—
(A) the alien no longer meets the condi-
tions described in subsection (b)(1) owing to
a fundamental change in circumstances;
(B) the alien meets a condition described
in subsection (b)(2);
(C) the alien may be removed, pursuant to
a bilateral or multilateral agreement, to a
country (other than the country of the
alien’s nationality or, in the case of an alien
having no nationality, the country of the
alien’s last habitual residence) in which the
alien’s life or freedom would not be threat-
ened on account of race, religion, nation-
Page 147
TITLE 8—ALIENS AND NATIONALITY
§ 1158
1 So in original. Probably should be ‘‘sections’’.
ality, membership in a particular social
group, or political opinion, and where the
alien is eligible to receive asylum or equiva-
lent temporary protection;
(D) the alien has voluntarily availed him-
self or herself of the protection of the alien’s
country of nationality or, in the case of an
alien having no nationality, the alien’s
country of last habitual residence, by re-
turning to such country with permanent
resident status or the reasonable possibility
of obtaining such status with the same
rights and obligations pertaining to other
permanent residents of that country; or
(E) the alien has acquired a new nation-
ality and enjoys the protection of the coun-
try of his or her new nationality.
(3) Removal when asylum is terminated
An alien described in paragraph (2) is subject
to any applicable grounds of inadmissibility or
deportability under section 1 1182(a) and 1227(a)
of this title, and the alien’s removal or return
shall be directed by the Attorney General in
accordance with sections 1229a and 1231 of this
title.
(d) Asylum procedure
(1) Applications
The Attorney General shall establish a pro-
cedure for the consideration of asylum appli-
cations filed under subsection (a). The Attor-
ney General may require applicants to submit
fingerprints and a photograph at such time
and in such manner to be determined by regu-
lation by the Attorney General.
(2) Employment
An applicant for asylum is not entitled to
employment authorization, but such author-
ization may be provided under regulation by
the Attorney General. An applicant who is not
otherwise eligible for employment authoriza-
tion shall not be granted such authorization
prior to 180 days after the date of filing of the
application for asylum.
(3) Fees
The Attorney General may impose fees for
the consideration of an application for asy-
lum, for employment authorization under this
section, and for adjustment of status under
section 1159(b) of this title. Such fees shall not
exceed the Attorney General’s costs in adjudi-
cating the applications. The Attorney General
may provide for the assessment and payment
of such fees over a period of time or by install-
ments. Nothing in this paragraph shall be con-
strued to require the Attorney General to
charge fees for adjudication services provided
to asylum applicants, or to limit the author-
ity of the Attorney General to set adjudica-
tion and naturalization fees in accordance
with section 1356(m) of this title.
(4) Notice of privilege of counsel and con-
sequences of frivolous application
At the time of filing an application for asy-
lum, the Attorney General shall—
(A) advise the alien of the privilege of
being represented by counsel and of the con-
sequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
(B) provide the alien a list of persons (up-
dated not less often than quarterly) who
have indicated their availability to rep-
resent aliens in asylum proceedings on a pro
bono basis.
(5) Consideration of asylum applications
(A) Procedures
The procedure established under paragraph
(1) shall provide that—
(i) asylum cannot be granted until the
identity of the applicant has been checked
against all appropriate records or data-
bases maintained by the Attorney General
and by the Secretary of State, including
the Automated Visa Lookout System, to
determine any grounds on which the alien
may be inadmissible to or deportable from
the United States, or ineligible to apply
for or be granted asylum;
(ii) in the absence of exceptional cir-
cumstances, the initial interview or hear-
ing on the asylum application shall com-
mence not later than 45 days after the date
an application is filed;
(iii) in the absence of exceptional cir-
cumstances, final administrative adjudica-
tion of the asylum application, not includ-
ing administrative appeal, shall be com-
pleted within 180 days after the date an ap-
plication is filed;
(iv) any administrative appeal shall be
filed within 30 days of a decision granting
or denying asylum, or within 30 days of the
completion of removal proceedings before
an immigration judge under section 1229a
of this title, whichever is later; and
(v) in the case of an applicant for asylum
who fails without prior authorization or in
the absence of exceptional circumstances
to appear for an interview or hearing, in-
cluding a hearing under section 1229a of
this title, the application may be dis-
missed or the applicant may be otherwise
sanctioned for such failure.
(B) Additional regulatory conditions
The Attorney General may provide by reg-
ulation for any other conditions or limita-
tions on the consideration of an application
for asylum not inconsistent with this chap-
ter.
(6) Frivolous applications
If the Attorney General determines that an
alien has knowingly made a frivolous applica-
tion for asylum and the alien has received the
notice under paragraph (4)(A), the alien shall
be permanently ineligible for any benefits
under this chapter, effective as of the date of
a final determination on such application.
(7) No private right of action
Nothing in this subsection shall be con-
strued to create any substantive or procedural
right or benefit that is legally enforceable by
any party against the United States or its
agencies or officers or any other person.
(e) Commonwealth of the Northern Mariana Is-
lands
The provisions of this section and section
1159(b) of this title shall apply to persons phys-
Page 148
TITLE 8—ALIENS AND NATIONALITY
§ 1158
ically present in the Commonwealth of the
Northern Mariana Islands or arriving in the
Commonwealth (whether or not at a designated
port of arrival and including persons who are
brought to the Commonwealth after having been
interdicted in international or United States
waters) only on or after January 1, 2014.
(June 27, 1952, ch. 477, title II, ch. 1, § 208, as
added Pub. L. 96–212, title II, § 201(b), Mar. 17,
1980, 94 Stat. 105; amended Pub. L. 101–649, title
V, § 515(a)(1), Nov. 29, 1990, 104 Stat. 5053; Pub. L.
103–322, title XIII, § 130005(b), Sept. 13, 1994, 108
Stat. 2028; Pub. L. 104–132, title IV, § 421(a), Apr.
24, 1996, 110 Stat. 1270; Pub. L. 104–208, div. C,
title VI, § 604(a), Sept. 30, 1996, 110 Stat. 3009–690;
Pub. L. 107–56, title IV, § 411(b)(2), Oct. 26, 2001,
115 Stat. 348; Pub. L. 107–208, § 4, Aug. 6, 2002, 116
Stat. 928; Pub. L. 109–13, div. B, title I, § 101(a),
(b), May 11, 2005, 119 Stat. 302, 303; Pub. L.
110–229, title VII, § 702(j)(4), May 8, 2008, 122 Stat.
866; Pub. L. 110–457, title II, § 235(d)(7), Dec. 23,
2008, 122 Stat. 5080.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (d)(5)(B), (6), was
in the original, ‘‘this Act’’, meaning act June 27, 1952,
ch. 477, 66 Stat. 163, known as the Immigration and Na-
tionality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
2008—Subsec. (a)(2)(E). Pub. L. 110–457, § 235(d)(7)(A),
added subpar. (E).
Subsec. (b)(3)(C). Pub. L. 110–457, § 235(d)(7)(B), added
subpar. (C).
Subsec. (e). Pub. L. 110–229 added subsec. (e).
2005—Subsec. (b)(1). Pub. L. 109–13, § 101(a)(1), (2), des-
ignated existing provisions as subpar. (A), inserted sub-
par. heading, and substituted ‘‘The Secretary of Home-
land Security or the Attorney General’’ for ‘‘The Attor-
ney General’’ and ‘‘the Secretary of Homeland Security
or the Attorney General’’ for ‘‘the Attorney General’’
in two places.
Subsec. (b)(1)(B). Pub. L. 109–13, § 101(a)(3), added sub-
par. (B)
Subsec. (b)(2)(A)(v). Pub. L. 109–13, § 101(b), sub-
stituted ‘‘described in’’ for ‘‘inadmissible under’’ in two
places and struck out ‘‘removable under’’ before ‘‘sec-
tion 1227(a)(4)(B)’’.
2002—Subsec. (b)(3). Pub. L. 107–208 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘A spouse or child (as
defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of
this title) of an alien who is granted asylum under this
subsection may, if not otherwise eligible for asylum
under this section, be granted the same status as the
alien if accompanying, or following to join, such
alien.’’
2001—Subsec. (b)(2)(A)(v). Pub. L. 107–56 substituted
‘‘(III), (IV), or (VI)’’ for ‘‘(III), or (IV)’’.
1996—Pub. L. 104–208 substituted ‘‘Asylum’’ for ‘‘Asy-
lum procedure’’ as section catchline and amended text
generally, substituting subsecs. (a) to (d) for former
subsecs. (a) to (e).
Subsec. (a). Pub. L. 104–132, § 421(a), inserted at end
‘‘The Attorney General may not grant an alien asylum
if the Attorney General determines that the alien is ex-
cludable under subclause (I), (II), or (III) of section
1182(a)(3)(B)(i) of this title or deportable under section
1251(a)(4)(B) of this title, unless the Attorney General
determines, in the discretion of the Attorney General,
that there are not reasonable grounds for regarding the
alien as a danger to the security of the United States.’’
1994—Subsec. (e). Pub. L. 103–322 added subsec. (e).
1990—Subsec. (d). Pub. L. 101–649 added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–229 effective on the transi-
tion program effective date described in section 1806 of
Title 48, Territories and Insular Possessions, see sec-
tion 705(b) of Pub. L. 110–229, set out as an Effective
Date note under section 1806 of Title 48.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 101(h)(1), (2), May 11,
2005, 119 Stat. 305, provided that:
‘‘(1) The amendments made by paragraphs (1) and (2)
of subsection (a) [amending this section] shall take ef-
fect as if enacted on March 1, 2003.
‘‘(2) The amendments made by subsections (a)(3), (b),
(c), and (d) [amending this section and sections 1229a
and 1231 of this title] shall take effect on the date of
the enactment of this division [May 11, 2005] and shall
apply to applications for asylum, withholding, or other
relief from removal made on or after such date.’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–208 effective Aug. 6, 2002,
and applicable to certain beneficiary aliens, see section
8 of Pub. L. 107–208, set out as a note under section 1151
of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–56 effective Oct. 26, 2001,
and applicable to actions taken by an alien before, on,
or after Oct. 26, 2001, and to all aliens, regardless of
date of entry or attempted entry into the United
States, in removal proceedings on or after such date
(except for proceedings in which there has been a final
administrative decision before such date) or seeking
admission to the United States on or after such date,
with special rules and exceptions, see section 411(c) of
Pub. L. 107–56, set out as a note under section 1182 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Pub. L. 104–208, div. C, title VI, § 604(c), Sept. 30, 1996,
110 Stat. 3009–694, provided that: ‘‘The amendment
made by subsection (a) [amending this section] shall
apply to applications for asylum filed on or after the
first day of the first month beginning more than 180
days after the date of the enactment of this Act [Sept.
30, 1996].
Pub. L. 104–132, title IV, § 421(b), Apr. 24, 1996, 110 Stat.
1270, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall take effect on
the date of the enactment of this Act [Apr. 24, 1996] and
apply to asylum determinations made on or after such
date.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–649, title V, § 515(b), Nov. 29, 1990, 104 Stat.
5053, as amended by Pub. L. 102–232, title III, § 306(a)(13),
Dec. 12, 1991, 105 Stat. 1752, provided that:
‘‘(1) The amendment made by subsection (a)(1)
[amending this section] shall apply to convictions en-
tered before, on, or after the date of the enactment of
this Act [Nov. 29, 1990] and to applications for asylum
made on or after such date.
‘‘(2) The amendment made by subsection (a)(2)
[amending section 1253 of this title] shall apply to con-
victions entered before, on, or after the date of the en-
actment of this Act [Nov. 29, 1990] and to applications
for withholding of deportation made on or after such
date.’’
EFFECTIVE DATE
Section effective Mar. 17, 1980, and applicable to fis-
cal years beginning with the fiscal year beginning Oct.
Page 149
TITLE 8—ALIENS AND NATIONALITY
§ 1159
1, 1979, see section 204 of Pub. L. 96–212, set out as an
Effective Date of 1980 Amendment note under section
1101 of this title.
REGULATIONS
Pub. L. 110–340, § 2(d), Oct. 3, 2008, 122 Stat. 3736, pro-
vided that:
‘‘(1) ISSUANCE
OF
REGULATIONS.—Not later than 60
days after the date of enactment of this Act [Oct. 3,
2008], the Attorney General and the Secretary of Home-
land Security shall promulgate final regulations estab-
lishing that, for purposes of sections 241(b)(3)(B)(iii)
and 208(b)(2)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)(3)(B)(iii); 8 U.S.C. 1158(b)(2)(A)(iii)),
an alien who is deportable under section 237(a)(4)(F) of
such Act (8 U.S.C. 1227(a)(4)(F)) or inadmissible under
section 212(a)(3)(G) of such Act (8 U.S.C. 1182(a)(3)(G))
shall be considered an alien with respect to whom there
are serious reasons to believe that the alien committed
a serious nonpolitical crime.
‘‘(2) AUTHORITY
TO
WAIVE
CERTAIN
REGULATORY
RE-
QUIREMENTS.—The requirements of chapter 5 of title 5,
United States Code (commonly referred to as the ‘Ad-
ministrative Procedure Act’), chapter 35 of title 44,
United States Code (commonly referred to as the ‘Pa-
perwork Reduction Act’), or any other law relating to
rulemaking, information collection, or publication in
the Federal Register, shall not apply to any action to
implement paragraph (1) to the extent the Attorney
General or the Secretary Homeland of [sic] Security de-
termines that compliance with any such requirement
would impede the expeditious implementation of such
paragraph.’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
EXPEDITIOUS REMOVAL FOR DENIED ASYLUM
APPLICANTS
Pub. L. 103–322, title XIII, § 130005, Sept. 13, 1994, 108
Stat. 2028, as amended by Pub. L. 104–208, div. C, title
III, § 308(e)(1)(P), (17), Sept. 30, 1996, 110 Stat. 3009–620,
3009–621, provided:
‘‘(a) IN GENERAL.—The Attorney General may provide
for the expeditious adjudication of asylum claims and
the expeditious removal of asylum applicants whose ap-
plications have been finally denied, unless the appli-
cant remains in an otherwise valid nonimmigrant sta-
tus.
‘‘(b) EMPLOYMENT
AUTHORIZATION.—[Amended this
section.]
‘‘(c) AUTHORIZATION
OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this sec-
tion—
‘‘(1) $64,000,000 for fiscal year 1995;
‘‘(2) $90,000,000 for fiscal year 1996;
‘‘(3) $93,000,000 for fiscal year 1997; and
‘‘(4) $91,000,000 for fiscal year 1998.’’
TIME FOR ESTABLISHMENT OF ASYLUM PROCEDURE BY
ATTORNEY GENERAL
Pub. L. 96–212, title II, § 204(d)(2), Mar. 17, 1980, 94
Stat. 109, provided that: ‘‘The Attorney General shall
establish the asylum procedure referred to in section
208(a) of the Immigration and Nationality Act (as added
by section 201(b) of this title) [former subsec. (a) of this
section] not later than June 1, 1980.’’
§ 1159. Adjustment of status of refugees
(a) Inspection and examination by Department
of Homeland Security
(1) Any alien who has been admitted to the
United States under section 1157 of this title—
(A) whose admission has not been termi-
nated by the Secretary of Homeland Security
or the Attorney General pursuant to such reg-
ulations as the Secretary of Homeland Secu-
rity or the Attorney General may prescribe,
(B) who has been physically present in the
United States for at least one year, and
(C) who has not acquired permanent resident
status,
shall, at the end of such year period, return or
be returned to the custody of the Department of
Homeland Security for inspection and examina-
tion for admission to the United States as an
immigrant in accordance with the provisions of
sections 1225, 1229a, and 1231 of this title.
(2) Any alien who is found upon inspection and
examination by an immigration officer pursuant
to paragraph (1) or after a hearing before an im-
migration judge to be admissible (except as oth-
erwise provided under subsection (c)) as an im-
migrant under this chapter at the time of the
alien’s inspection and examination shall, not-
withstanding any numerical limitation specified
in this chapter, be regarded as lawfully admitted
to the United States for permanent residence as
of the date of such alien’s arrival into the
United States.
(b) Requirements for adjustment
The Secretary of Homeland Security or the
Attorney General, in the Secretary’s or the At-
torney General’s discretion and under such regu-
lations as the Secretary or the Attorney General
may prescribe, may adjust to the status of an
alien lawfully admitted for permanent residence
the status of any alien granted asylum who—
(1) applies for such adjustment,
(2) has been physically present in the United
States for at least one year after being grant-
ed asylum,
(3) continues to be a refugee within the
meaning of section 1101(a)(42)(A) of this title
or a spouse or child of such a refugee,
(4) is not firmly resettled in any foreign
country, and
(5) is admissible (except as otherwise pro-
vided under subsection (c)) as an immigrant
under this chapter at the time of examination
for adjustment of such alien.
Upon approval of an application under this sub-
section, the Secretary of Homeland Security or
the Attorney General shall establish a record of
the alien’s admission for lawful permanent resi-
dence as of the date one year before the date of
the approval of the application.
(c) Coordination with section 1182
The provisions of paragraphs (4), (5), and (7)(A)
of section 1182(a) of this title shall not be appli-
cable to any alien seeking adjustment of status
under this section, and the Secretary of Home-
land Security or the Attorney General may
waive any other provision of such section (other
than paragraph (2)(C) or subparagraph (A), (B),
(C), or (E) of paragraph (3)) with respect to such
an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the pub-
lic interest.
(June 27, 1952, ch. 477, title II, ch. 1, § 209, as
added Pub. L. 96–212, title II, § 201(b), Mar. 17,
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to apply for asylum**
(1) **In general** — Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, [section 1225(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b&num=0&edition=prelim).
(2) **Exceptions**
(A) *Safe third country* — Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
(B) *Time limit* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.
(C) *Previous asylum applications* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for
**(a) Classes of aliens ineligible for visas or admission** Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) **Health-related grounds**
(A) *In general* — Any alien—
(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 11 So in original. The semicolon probably should be a comma.
(ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iv) who i
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1182. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1182. Inadmissible aliens
(a) Classes of aliens ineligible for visas or admis-
sion
Except as otherwise provided in this chapter,
aliens who are inadmissible under the following
paragraphs are ineligible to receive visas and in-
eligible to be admitted to the United States:
(1) Health-related grounds
(A) In general
Any alien—
(i) who is determined (in accordance
with regulations prescribed by the Sec-
retary of Health and Human Services) to
have a communicable disease of public
health significance; 1
(ii) except as provided in subparagraph
(C), who seeks admission as an immigrant,
or who seeks adjustment of status to the
status of an alien lawfully admitted for
permanent residence, and who has failed to
present documentation of having received
vaccination against vaccine-preventable
diseases, which shall include at least the
following diseases: mumps, measles, rubel-
la, polio, tetanus and diphtheria toxoids,
pertussis, influenza type B and hepatitis B,
and any other vaccinations against vac-
cine-preventable diseases recommended by
the Advisory Committee for Immunization
Practices,
(iii) who is determined (in accordance
with regulations prescribed by the Sec-
retary of Health and Human Services in
consultation with the Attorney General)—
(I) to have a physical or mental dis-
order and behavior associated with the
disorder that may pose, or has posed, a
threat to the property, safety, or welfare
of the alien or others, or
(II) to have had a physical or mental
disorder and a history of behavior associ-
ated with the disorder, which behavior
has posed a threat to the property, safe-
ty, or welfare of the alien or others and
which behavior is likely to recur or to
lead to other harmful behavior, or
(iv) who is determined (in accordance
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1182. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Classes of deportable aliens** Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
(1) **Inadmissible at time of entry or of adjustment of status or violates status**
(A) *Inadmissible aliens* — Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
(B) *Present in violation of law* — Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under [section 1201(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/i&num=0&edition=prelim), is deportable.
(C) *Violated nonimmigrant status or condition of entry*
(i) *Nonimmigrant status violators* — Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim), or to comply with the conditions of any such status, is deportable.
(ii) *Violators of conditions of entry* — Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under [section 1182(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/g&num=0&edition=prelim) is deportable.
(
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1227. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1227. Deportable aliens
(a) Classes of deportable aliens
Any alien (including an alien crewman) in and
admitted to the United States shall, upon the
order of the Attorney General, be removed if the
alien is within one or more of the following
classes of deportable aliens:
(1) Inadmissible at time of entry or of adjust-
ment of status or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or ad-
justment of status was within one or more of
the classes of aliens inadmissible by the law
existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United
States in violation of this chapter or any
other law of the United States, or whose
nonimmigrant visa (or other documentation
authorizing
admission
into
the
United
States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is deport-
able.
(C) Violated nonimmigrant status or condi-
tion of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a non-
immigrant and who has failed to maintain
the nonimmigrant status in which the
alien was admitted or to which it was
changed under section 1258 of this title, or
to comply with the conditions of any such
status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health
and Human Services certifies has failed to
comply with terms, conditions, and con-
trols that were imposed under section
1182(g) of this title is deportable.
(D) Termination of conditional permanent
residence
(i) In general
Any alien with permanent resident sta-
tus on a conditional basis under section
1186a of this title (relating to conditional
permanent resident status for certain
alien spouses and sons and daughters) or
under section
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1227. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Detention, release, and removal of aliens ordered removed**
(1) **Removal period**
(A) *In general* — Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the “removal period”).
(B) *Beginning of period* — The removal period begins on the latest of the following:
(i) The date the order of removal becomes administratively final.
(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court’s final order.
(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement.
(C) *Suspension of period* — The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure or conspires or acts to prevent the alien’s removal subject to an order of removal.
(2) **Detention**
(A) *In general* — During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of this title.
(B) *Enforcement by attorney general of a State* — The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that harms such State or its residents shall have standing t
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1231. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1231. Detention and removal of aliens ordered
removed
(a) Detention, release, and removal of aliens or-
dered removed
(1) Removal period
(A) In general
Except as otherwise provided in this sec-
tion, when an alien is ordered removed, the
Attorney General shall remove the alien
from the United States within a period of 90
days (in this section referred to as the ‘‘re-
moval period’’).
(B) Beginning of period
The removal period begins on the latest of
the following:
(i) The date the order of removal be-
comes administratively final.
(ii) If the removal order is judicially re-
viewed and if a court orders a stay of the
removal of the alien, the date of the
court’s final order.
(iii) If the alien is detained or confined
(except under an immigration process), the
date the alien is released from detention
or confinement.
(C) Suspension of period
The removal period shall be extended be-
yond a period of 90 days and the alien may
remain in detention during such extended
period if the alien fails or refuses to make
timely application in good faith for travel or
other documents necessary to the alien’s de-
parture or conspires or acts to prevent the
alien’s removal subject to an order of re-
moval.
(2) Detention
During the removal period, the Attorney
General shall detain the alien. Under no cir-
cumstance during the removal period shall the
Attorney General release an alien who has
been
found
inadmissible
under
section
1182(a)(2) or 1182(a)(3)(B) of this title or deport-
able under section 1227(a)(2) or 1227(a)(4)(B) of
this title.
(3) Supervision after 90-day period
If the alien does not leave or is not removed
within the removal period, the alien, pending
removal, shall be subject to supervision under
regulations prescribed by the A
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1231. This identifies an authority to review, not proof of applicability.