USCODE-2011-title8-chap12-subchapII-partI-sec1158

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Presidential
F.R. 63487.
Presidential
65 F.R. 59697.
Presidential
64 F.R. 54505.
Presidential
F.R. 47341.
Presidential
63 F.R. 55001.
Presidential
62 F.R. 53219.
Presidential
61 F.R. 56869.
Presidential
60 F.R. 53091.
Presidential
F.R. 52393.
Presidential
F.R. 52213.
Presidential
F.R. 47253.
Presidential
F.R. 51633.
Presidential
F.R. 41979.
Presidential
F.R. 43035.
Presidential
F.R. 31493.
Presidential
F.R. 45249.
Presidential
F.R. 21405.
Presidential
F.R. 42073.
Presidential
F.R. 39637.
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F.R. 46483.
Presidential
F.R. 55233.
Presidential
45 F.R. 68365.

TITLE 8—ALIENS AND NATIONALITY
Determination No. 02–04, Nov. 21, 2001, 66

§ 1158

Determination No. 99–45, Sept. 30, 1999,

1–103. Except to the extent inconsistent with this
Order, all actions previously taken pursuant to any
function delegated or assigned by this Order shall be
deemed to have been taken and authorized by this
Order.

Determination No. 99–33, Aug. 12, 1999, 64

§ 1158. Asylum

Determination No. 98–39, Sept. 30, 1998,

(a) Authority to apply for asylum

Determination No. 2000–32, Sept. 29, 2000,

Determination No. 97–37, Sept. 30, 1997,
Determination No. 96–59, Sept. 30, 1996,
Determination No. 95–48, Sept. 29, 1995,
Determination No. 95–1, Oct. 1, 1994, 59
Determination No. 94–1, Oct. 1, 1993, 58
Determination No. 93–1, Oct. 2, 1992, 57
Determination No. 92–2, Oct. 9, 1991, 56

(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.
(2) Exceptions

Determination No. 91–3, Oct. 12, 1990, 55
Determination No. 90–2, Oct. 6, 1989, 54
Determination No. 89–15, June 19, 1989, 54
Determination No. 89–2, Oct. 5, 1988, 53
Determination No. 88–16, May 20, 1988, 53
Determination No. 88–01, Oct. 5, 1987, 52
Determination No. 87–1, Oct. 17, 1986, 51
Determination No. 83–2, Oct. 11, 1982, 47
Determination No. 82–1, Oct. 10, 1981, 46
Determination No. 80–28, Sept. 30, 1980,

EX. ORD. NO. 12208. CONSULTATIONS ON THE ADMISSION OF
REFUGEES
Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as
amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617; Ex. Ord. No. 13286, § 49, Feb. 28, 2003, 68 F.R. 10628,
provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Refugee Act of 1980 (P.L. 96–212; 8 U.S.C.
1101 note), the Immigration and Nationality Act, as
amended (8 U.S.C. 1101 et seq.), and Section 301 of Title
3 of the United States Code, it is hereby ordered as follows:
1–101. Exclusive of the functions otherwise delegated,
or reserved to the President, by this Order, there are
hereby delegated to the Secretary of State and the Secretary of Homeland Security, or either of them, the
functions of initiating and carrying out appropriate
consultations with members of the Committees on the
Judiciary of the Senate and of the House of Representatives for purposes of Sections 101(a)(42)(B) and 207(a),
(b), (d), and (e) of the Immigration and Nationality Act,
as amended (8 U.S.C. 1101(a)(42)(B) and 1157(a), (b), (d),
and (e)).
1–102. There are reserved to the President the following functions under the Immigration and Nationality
Act, as amended [8 U.S.C. 1101 et seq.].
(a) To specify special circumstances for purposes of
qualifying
persons
as
refugees
under
Section
101(a)(42)(B) [8 U.S.C. 1101(a)(42)(B)].
(b) To make determinations under Sections 207(a)(1),
207(a)(2), 207(a)(3) and 207(b) [8 U.S.C. 1157(a)(1) to (3)
and (b)].
(c) To fix the number of refugees to be admitted
under Section 207(b).

(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 asylum and had such
application denied.
(D) Changed circumstances
An application for asylum of an alien may
be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates
to the satisfaction of the Attorney General
either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary 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).

§ 1158

TITLE 8—ALIENS AND NATIONALITY

(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 accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under
this section if the Secretary of Homeland
Security or the Attorney General determines 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, nationality, 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 applicant satisfies the trier of fact that the
applicant’s testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is
a refugee. In determining whether the applicant has met the applicant’s burden, the
trier of fact may weigh the credible testimony 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 circumstances, and all relevant factors, a trier of
fact may base a credibility determination
on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or
witness’s account, the consistency between
the applicant’s or witness’s written and
oral statements (whenever made and
whether or not under oath, and considering the circumstances under which the
statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of
the Department of State on country conditions), and any inaccuracies or falsehoods

Page 110

in such statements, without regard to
whether an inconsistency, inaccuracy, or
falsehood goes to the heart of the applicant’s claim, or any other relevant factor.
There is no presumption of credibility,
however, if no adverse credibility determination is explicitly made, the applicant
or witness shall have a rebuttable presumption 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 community of the United States;
(iii) there are serious reasons for believing 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 regarding the alien as a danger to the security 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 terrorist activity), unless, in the case only of
an alien described in subclause (IV) of section 1182(a)(3)(B)(i) of this title, the Attorney 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 another country prior to arriving in the
United States.
(B) Special rules
(i) Conviction of aggravated felony
For purposes of clause (ii) of subparagraph (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 conditions, 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 determination of the Attorney General under
subparagraph (A)(v).

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TITLE 8—ALIENS AND NATIONALITY

(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 accompany, or follow to join, a parent granted asylum 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 section 1159(b)(3) of this title, if the alien attained 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 defined in section 279(g) of title 6), regardless
of whether filed in accordance with this section or section 1225(b) of this title.
(c) Asylum status
(1) In general
In the case of an alien granted asylum under
subsection (b) of this section, 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 residence;
(B) shall authorize the alien to engage in
employment in the United States and provide the alien with appropriate endorsement
of that authorization; and
(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
(2) Termination of asylum
Asylum granted under subsection (b) of this
section 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 conditions described in subsection (b)(1) of this
section owing to a fundamental change in
circumstances;
(B) the alien meets a condition described
in subsection (b)(2) of this section;
(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 threatened on account of race, religion, nationality, membership in a particular social group,

§ 1158

or political opinion, and where the alien is
eligible to receive asylum or equivalent temporary protection;
(D) the alien has voluntarily availed himself 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 returning 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 nationality and enjoys the protection of the country
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 procedure for the consideration of asylum applications filed under subsection (a) of this section. The Attorney General may require applicants to submit fingerprints and a photograph
at such time and in such manner to be determined by regulation by the Attorney General.
(2) Employment
An applicant for asylum is not entitled to
employment authorization, but such authorization may be provided under regulation by
the Attorney General. An applicant who is not
otherwise eligible for employment authorization 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 asylum, 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 adjudicating the applications. The Attorney General may provide for the assessment and payment of such fees over a period of time or by
installments. Nothing in this paragraph shall
be construed to require the Attorney General
to charge fees for adjudication services provided to asylum applicants, or to limit the authority of the Attorney General to set adjudication and naturalization fees in accordance
with section 1356(m) of this title.
(4) Notice of privilege of counsel and consequences of frivolous application
At the time of filing an application for asylum, the Attorney General shall—
(A) advise the alien of the privilege of
being represented by counsel and of the con1 So

in original. Probably should be ‘‘sections’’.

§ 1158

TITLE 8—ALIENS AND NATIONALITY

sequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
(B) provide the alien a list of persons (updated not less often than quarterly) who
have indicated their availability to represent 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 databases 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 circumstances, the initial interview or hearing on
the asylum application shall commence
not later than 45 days after the date an application is filed;
(iii) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application 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, including a hearing under section 1229a of
this title, the application may be dismissed or the applicant may be otherwise
sanctioned for such failure.
(B) Additional regulatory conditions
The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application
for asylum not inconsistent with this chapter.
(6) Frivolous applications
If the Attorney General determines that an
alien has knowingly made a frivolous application 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 construed 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 Islands
The provisions of this section and section
1159(b) of this title shall apply to persons phys-

Page 112

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.)
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 Nationality 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), designated existing provisions as subpar. (A), inserted subpar. heading, and substituted ‘‘The Secretary of Homeland Security or the Attorney General’’ for ‘‘The Attorney 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 subpar. (B)
Subsec. (b)(2)(A)(v). Pub. L. 109–13, § 101(b), substituted ‘‘described in’’ for ‘‘inadmissible under’’ in two
places and struck out ‘‘removable under’’ before ‘‘section 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 ‘‘Asylum 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 excludable 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).

Page 113

TITLE 8—ALIENS AND NATIONALITY

1990—Subsec. (d). Pub. L. 101–649 added subsec. (d).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of
Title 48, Territories and Insular Possessions, see section 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 effect 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
Section 604(c) of div. C of Pub. L. 104–208 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].
Section 421(b) of Pub. L. 104–132 provided that: ‘‘The
amendment made by subsection (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
Section 515(b) of Pub. L. 101–649, 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 entered 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 convictions entered before, on, or after the date of the enactment 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 fiscal years beginning with the fiscal year beginning Oct.
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, provided that:

§ 1159

‘‘(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 Homeland Security shall promulgate final regulations establishing 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 REQUIREMENTS.—The requirements of chapter 5 of title 5,
United States Code (commonly referred to as the ‘Administrative Procedure Act’), chapter 35 of title 44,
United States Code (commonly referred to as the ‘Paperwork 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 determines 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
Section 130005 of Pub. L. 103–322, 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 applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant
status.
‘‘(b) EMPLOYMENT AUTHORIZATION.—[Amended this
section.]
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
‘‘(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
Section 204(d)(2) of Pub. L. 96–212 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 terminated by the Secretary of Homeland Security
or the Attorney General pursuant to such regulations as the Secretary of Homeland Security 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,