Q : Under What Circumstances Do Asylum Officers Conduct Reasonable Fear Interviews?

Asylum officers conduct reasonable fear of persecution or torture interviews for two categories of individuals subject to expedited removal processes:

• Those subject to reinstatement of a prior removal order because they illegally reentered the United States after having been removed or having departed voluntarily while under an order of exclusion, deportation, or removal. See INA § 241(a)(5) and 8 CFR § 241.8.
• Those who are not lawful permanent residents, who are subject to an administrative order of removal because they were convicted of one or more aggravated felonies after admission to the United States. See INA § 238(b) and 8 CFR § 238.1.

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