Inspector's Field Manual - Gani

Inspector's Field Manual
about the specific facts of the case and the specific suspected grounds of inadmissibility.
Fear of persecution or torture - if the alien indicates in any fashion that he or she has a fear of
persecution, or that he or she has suffered or might suffered torture, you are required to refer the alien to an
asylum officer for a credible fear determination. One of the significant differences between expedited removal
proceedings and regular removal proceedings is that the inspecting officer has a responsibility to ensure that
anyone who indicates a fear of persecution is referred to an asylum officer for a credible fear determination.
Inspectors should consider verbal as well as non-verbal cues given by the alien. The obligatory questions on the
Form I-867B are designed to help in determining whether the alien has such fear. In some cases, this area of
discussion might arise during the main body of the sworn statement (i.e., before you reach the jurat page, Form
I-867B) and you may have already asked these specific questions. If the exact questions have already been asked
and answered, you may elect to line out the identical questions on the jurat page. Otherwise, ask the questions as
they appear on the I-867B at the end of the sworn statement. If the alien indicates an intention to apply for
asylum or a fear of harm or concern about returning home, the inspector should ask enough follow-up questions
to ascertain the general nature of the fear or concern. Do not go into detail on the nature of the alien's fear of
persecution or torture; leave that for the asylum officer. If an alien asserts a fear or concern which is clearly
unrelated to an intention to seek asylum or a fear of persecution, then the case should not be referred to an
asylum officer. In determining whether to refer the alien, inspectors should not make eligibility determinations
or weigh the strength of the claims, nor should they make credibility determinations concerning the alien's
statements. The inspector should err on the side of caution and apply the criteria generously, referring to the
asylum officer any questionable cases, including cases which might raise a question about whether the alien
faces persecution. Do not make any evaluation as to the merits of such fear; that is the responsibility of the
asylum officer. Immigration officers processing aliens for expedited removal may contact the asylum office
point(s) of contact when necessary to obtain guidance on questionable cases involving an expression of fear or a
potential asylum claim.
Impact of decision - once you have gathered all the facts, you will decide, usually in consultation with a
supervisor, the best course of action. Depending on the circumstances, you may admit the alien, allow the alien
to apply for any applicable waivers, defer the inspection or otherwise parole the alien, permit the alien to
withdraw his or her application for admission, issue an expedited removal order, or refer the alien for a
credible fear determination. Whatever decision is made, clearly advise the alien of the impact and consequences
of the determination and record this in the statement.
You must use Form I-867B as the final page of the sworn statement and jurat. Be sure to obtain responses from
the alien regarding the closing questions contained on the form. If the alien in any way indicates a fear of
removal or return, follow the procedures in paragraph (d) of this section. Collect any additional evidence
relevant to the case which is discovered during the inspection process. Provide a copy of the completed
statement, upon signature, to the alien. Retain a copy for the Service file and copy for the port file.
(3) Prepare three copies of Form I-860, Notice and Order of Expedited Removal. Check the appropriate
ground(s) of inadmissibility under which the alien is being charged (e.g. 212(a)(6)(C)(i)), and insert a narrative
description of each charge. Read and explain the charges to the alien in the alien's native language or in a
language the alien can understand. An interpreter may be required to ensure that the alien understands the
allegations and the removal order. Interpreters should not be used if they are employees of the government of
the alien's home country, such as an employee of a government-owned airline, except for the most routine
questioning. Never use an employee of a foreign government if there is any possibility of sensitive areas (e.g.,
persecution or torture) being discussed. The alien should be given an opportunity to respond to the charges, and
any response must be recorded either in the sworn statement or as an addendum to the statement.
After all statements are taken and other paperwork is complete, present it through your chain of command to the
appropriate supervisor (not to be delegated below the second line supervisor) or person acting in that capacity,
for review and approval. If the appropriate supervisor is not present at the port, the supervisory review and
approval may be obtained telephonically, by fax, or by other means. The approving authority must be properly
advised of all facts in the case in order to make an informed decision. Print the name and title of the supervisor
approving the order, and check the box on the form indicating that concurrence was obtained telephonically or
by other means. The expedited removal order must be signed legibly by the preparing officer.
(4) Obtain the photograph and fingerprints of the alien on FD-249 fingerprint cards ( three sets-- see
chapter 18.9(c) for distribution). Be sure to complete the entire form and to properly code the fingerprint cards