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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules
deferred. This determination shall be made under the standards for eligibility set out in 208.16c. The burden is on the alien to establish that it is more likely than not that he or she would be tortured in the country to which removal has been deferred.
4 If the asylum officer determines that the alien is more likely than not to be tortured in the country to which removal has been deferred, the order of deferral shall remain in place. If the asylum officer determines that the alien has not established that he or she is more likely than not to be tortured in the country to which removal has been deferred, the deferral of removal shall be terminated and the alien may be removed to that country. Appeal of the asylum officers decision shall lie to the immigration judge under the process provided for at 208.14c5 and 8 CFR
1003.48.
e Termination at the request of the alien. 1 At any time while deferral of removal is in effect, the alien may make a written request to the Asylum Office with jurisdiction over the initial determination to terminate the deferral order. If satisfied on the basis of the written submission that the aliens request is knowing and voluntary, the asylum officer shall terminate the order of deferral and the alien may be removed.
2 If necessary, the Asylum Office may calendar a hearing for the sole purpose of determining whether the aliens request is knowing and voluntary. If the asylum officer determines that the aliens request is knowing and voluntary, the order of deferral shall be terminated. If the asylum officer determines that the aliens request is not knowing and voluntary, the aliens request shall not serve as the basis for terminating the order of deferral.

10. Amend 208.18 by revising paragraph b1 to read as follows:
208.18 Implementation of the Convention Against Torture.

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b
1 Aliens in proceedings on or after March 22, 1999. i An alien who is in exclusion, deportation, or removal proceedings on or after March 22, 1999, may apply for withholding of removal under 8 CFR 1208.16c, and, if applicable, may be considered for deferral of removal under 8 CFR
1208.17a.
ii In addition, an alien may apply for withholding of removal under 208.16c, and, if applicable, may be considered for deferral of removal under
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208.17a, in the following situation:
the alien is determined to be an applicant for admission under section 235b1 of the Act, the alien is found to have a credible fear of persecution or torture and the aliens case is subsequently retained by or referred to USCIS pursuant to the jurisdiction provided at 208.2a1ii for consideration of the application for asylum, and that application is denied.

11. Revise 208.19 to read as follows:
208.19

Decisions.

The decision of an asylum officer issued in accordance with 208.14b or c shall be communicated in writing to the applicant in-person, by mail, or electronically. Pursuant to 208.9d, an applicant must appear in person to receive and to acknowledge receipt of the decision unless, in the discretion of the asylum office director, service by mail or electronic service is appropriate.
A letter communicating denial or referral of the application shall state the basis for denial or referral and include an assessment of the applicants credibility.
12. Revise 208.22 to read as follows:
208.22 Effect on exclusion, deportation, and removal proceedings.

An alien who has been granted asylum may not be deported or removed unless his or her asylum status is terminated pursuant to 208.24 or 8
CFR 1208.24. An alien who is granted withholding of removal or deportation, or deferral of removal, may not be deported or removed to the country to which his or her deportation or removal is ordered withheld or deferred unless the withholding order is terminated pursuant to 208.24 or 8 CFR 1208.24, or deferral is terminated pursuant to 208.17d or e or 8 CFR 1208.17.
13. Amend 208.30 by:
a. Revising the section heading and paragraphs b, c, and d introductory text;
b. Adding a heading for paragraph e;
c. Removing the introductory text of paragraph e; and d. Revising paragraphs e1 through 4, e5iA, e6 introductory text, e6ii, f, and g.
The revisions and addition read as follows:
208.30 Credible fear determinations involving stowaways and applicants for admission found inadmissible pursuant to section 212a6C or 212a7 of the Act.

b Process and authority. If an alien subject to section 235a2 or 235b1
of the Act indicates an intention to
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apply for asylum, or expresses a fear of persecution or torture, or a fear of return to his or her country, the inspecting officer shall not proceed further with removal of the alien until the alien has been referred for an interview by a USCIS asylum officer in accordance with this section. A USCIS asylum officer shall then screen the alien for a credible fear of persecution or torture.
An asylum officer, as defined in section 235b1E of the Act, has the authorities described in 208.9c. If the asylum officer in his or her discretion determines that circumstances so warrant, the asylum officer, after supervisory concurrence, may refer the alien for proceedings under section 240
of the Act without making a credible fear determination.
c Treatment of family units.1 A
spouse or child of a principal alien who arrived in the United States concurrently with the principal alien shall be included in that aliens positive fear evaluation and determination, unless the principal alien declines such inclusion. However, any alien may have his or her evaluation and determination made separately, if he or she expresses such a desire.
2 The asylum officer in his or her discretion may also include other accompanying family members who arrived in the United States concurrently with a principal alien in that aliens positive fear evaluation and determination for purposes of family unity.
3 For purposes of family units in credible fear determinations, the definition of child means an unmarried person under 21 years of age.
d Interview. A USCIS asylum officer will conduct the credible fear interview in a nonadversarial manner, separate and apart from the general public. The purpose of the interview shall be to elicit all relevant and useful information bearing on whether the alien can establish a credible fear of persecution or torture. The information provided during the interview may form the basis of an asylum application pursuant to paragraph f of this section and 208.3a2. The asylum officer shall conduct the interview as follows:

e Determination. 1 The asylum officer shall create a written record of his or her determination, including a summary of the material facts as stated by the applicant, any additional facts relied on by the officer, and the officers determination of whether, in light of such facts, the alien has established a credible fear of persecution or torture.
2 An alien will be found to have a credible fear of persecution if there is a
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