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USCIS Acting Director Instructs Asylum Officers to Consider Possibility of Internal Relocation in Home Country for Credible Fear Screenings and Determinations

The acting director of USCIS sent a message to asylum officers instructing them to elicit testimony for credible fear screenings to determine whether asylum seekers who provide evidence of private violence attempted to internally relocate in their home countries prior to traveling to the United States.

Court Reverses Denial of CAT Relief Based on Internal Relocation Regulations

The Ninth Circuit issued an en banc decision that overruled previous decisions to the extent that they conflicted with the plain text reading of the regulations governing internal relocation and deferral of removal under CAT. The court held that neither the petitioner nor the government bears the burden of proof as to internal relocation; rather, such evidence, if relevant, must be considered in assessing whether it is more likely than not that the petitioner would be tortured if removed.