From the U.S. Citizen and Immigration Services website
Individuals Seeking AsylumIf you are in expedited removal proceedings and found to have a credible fear of persecution or torture, you may seek asylum before an Immigration Judge (IJ). (See definition for Credible Fear in the “Glossary” link to the right)
If the asylum officer does not find that you have a credible fear of persecution or torture, you may request that an IJ review that determination. If you do not request review by the IJ or the IJ agrees with the determination, Immigration and Customs Enforcement (ICE) may remove you from the United States.
For more information, see the “Obtaining Asylum in the US” link to the right.
Q. Under What Circumstances Do Asylum Officers Conduct Credible Fear Interviews?A. Asylum officers conduct interviews when you are subject to expedited removal and you tell Customs and Border Protection (CBP):
- You wish to apply for asylum
- You fear persecution or torture
- You fear returning to your country
If you say you fear return, CBP detains you and provides you information about the credible fear process.
After you are detained, you will be given:
- An orientation to the credible fear process
- A list free or low cost legal service providers
- At least 48 hours after your arrival at the detention site before taking part in the interview
- The opportunity to waive the waiting period.
If you are arriving from Canada, we will decide if you must seek protection in Canada instead of the United States. More information about this process can be found in the “U.S. - Canada Safe Third Country Agreement” link to the right.
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Note that these instructions specifically exclude people illegally entering from Canada...
It bears repeating: some in the Dream 9 are claiming that they fear persecution in Mexico because they spent time in the United States as illegal aliens. They are prepared to argue that illegal aliens are are a particular social group that is due asylum consideration for having been illegal aliens.
It's such an outlandish argument that it's one only a lawyer could love, but it will be years until an immigration judge hears it. In the meantime, Dream 9 activist Lizbeth Matter remains in the United States and begins her first day of law school at Santa Clara University today.
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Exactly HOW these illegal aliens are paying for college was not outlined...but my guess is that their parents did not have to save for many years...unlike what LEGAL taxpaying Americans are forced to do...
DR
