110 STAT. 3009 -581 PUBLIC LAW 104-208—SEPT. 30, 1996
immigration officer, that the alien has been physically present in the United States continuously
for the 2-year period immediately prior to the date
of the determination of inadmissibility under this
subparagraph.
"(B) ASYLUM INTERVIEWS.—
"(i) CONDUCT BY ASYLUM OFFICERS.— An asylum
officer shall conduct interviews of aliens referred under
subparagraph (A)(ii), either at a port of entry or at
such other place designated by the Attorney General.
"(ii) REFERRAL OF CERTAIN ALIENS.—I f the officer
determines at the time of the interview that an alien
has a credible fear of persecution (within the meaning
of clause (v)), the alien shall be detained for further
consideration of the application for asylum.
"(iii) REMOVAL WITHOUT FURTHER REVIEW IF NO
CREDIBLE FEAR OF PERSECUTION.—
" (I) IN GENERAL.— Subject to subclause (III),
if the officer determines that an alien does not
have a credible fear of persecution, the officer shall
order the alien removed from the United States
without further hearing or review.
" (II) RECORD OF DETERMINATION.— The officer
shall prepare a written record of a determination
under subclause (I). Such record shall include a
summary of the material facts as stated by the
applicant, such additional facts (if any) relied upon
by the officer, and the officer's analysis of why,
in the light of such facts, the alien has not established a credible fear of persecution. A copy of
the officer's interview notes shall be attached to
the written summary.
"(Ill) REVIEW OF DETERMINATION. —The Attorney General shall provide by regulation and upon
the alien's request for prompt review by an
immigration judge of a determination under subclause (I) that the alien does not have a credible
fear of persecution. Such review shall include an
opportunity for the alien to be heard and questioned by the immigration judge, either in person
or by telephonic or video connection. Review shall
be concluded as expeditiously as possible, to the
maximum extent practicable within 24 hours, but
in no case later than 7 days after the date of
the determination under subclause (I).
"(IV) MANDATORY DETENTION.—Any alien subject to the procedures under this clause shall be
detained pending a final determination of credible
fear of persecution and, if found not to have such
a fear, until removed.
"(iv) INFORMATION ABOUT INTERVIEWS.— The Attorney General shall provide information concerning the
asylum interview described in this subparagraph to
aliens who may be eligible. An alien who is eligible
for such interview may consult with a person or persons of the alien's choosing prior to the interview or
any review thereof, according to regulations prescribed
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