Page:United States Statutes at Large Volume 110 Part 2.djvu/97

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1271 "(C)(i) An asylum officer shall promptly conduct interviews of aliens referred under subparagraph (B). "(ii) If the officer determines at the time of the interview that an alien has a credible fear of persecution (as defined in clause (v)), the alien shall be detained for an asylum hearing before an asylum officer under section 208. "(iii)(I) Subject to subclause (II), if the officer determines that the alien does not have a credible fear of persecution, the officer shall order the alien excluded from the United States without further hearing or review. "(II) The Attorney General shall promulgate regulations to pro- Regulations. vide for the immediate review by a supervisory asylum office at the port of entry of a determination under subclause (I). "(iv) The Attorney General shall provide information concerning the asylum interview described in this subparagraph to aliens who may be eligible. An alien who is eligible for such interview may consult with a person or persons of the alien's choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not delay the process. "(v) For purposes of this subparagraph, the term 'credible fear of persecution' means (I) that it is more probable than not that the statements made by the alien in support of the alien's claim are true, and (II) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208. "(D) As used in this paragraph, the term 'asylum officer' means an immigration officer who— "(i) has had professional training in country conditions, asylum law, and interview techniques; and "(ii) is supervised by an officer who meets the condition in clause (i). "(E)(i) An exclusion order entered in accordance with subparagraph (A) is not subject to administrative appeal, except that the Attorney General shall provide by regulation for prompt review of such an order against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, jifter having been warned of the penalties for falsely making such claim under such conditions, to have been lawfully admitted for permanent residence. "(ii) In any action brought against an alien under section 275(a) or section 276, the court, shall not have jurisdiction to hear any claim attacking the validity of an order of exclusion entered under subparagraph (A). "(2)(A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before a special inquiry officer. "(B) The provisions of subparagraph (A) shall not apply— "(i) to an alien crewman, "(ii) to an alien described in paragraph (1)(A) or (l)(C)(iii)(I), or "(iii) if the conditions described in section 273(d) exist. "(3) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate >-4:QL3Part2