Post #14339 by Dope1 on the US Policy board

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The reason it's been overturned by the courts several times is because the criteria for conducting credible fear interviews is set in the statute. Section 8 CFR 208.30(e) of the Immigration and Nationality Act spells out the criteria for granting/denying a credible fear determination, and adopted the current "significant possibility" standard:

"(2) An alien will be found to have a credible fear of persecution if there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien can establish eligibility for asylum under section 208 of the Act or for withholding of removal under section 241(b)(3) of the Act."

Trump had lousy lawyers; you educated me on that score with respect to the Administrative Practices Act. Surely Biden will have a creative way around the above.

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