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To: woodpusher
it depends. and again, this is just about asylum.

Paragraph (2) are exceptions of which no judicial review is allowed.

2)Exceptions
(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).

(3)Limitation on judicial review No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2).

https://www.law.cornell.edu/uscode/text/8/1158
3,703 posted on 05/19/2025 8:07:52 PM PDT by stylin19a ("Death Smiles At Everyone - Marines Smile Back" - 250 years of smiling - 11/10/2025)
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To: stylin19a

Stylin...Thank you for your clarification!


3,720 posted on 05/19/2025 8:57:27 PM PDT by Pete from Shawnee Mission
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To: stylin19a
Paragraph (2) are exceptions of which no judicial review is allowed.

Paragraph 2 only lists exceptions to review of an AG determination. It has nothing to do with a judicial review of the observation of due process in reaching the determination.

But if you truly believe your brainfarts, do tell the administration or they may waste the next three and a half years litigating.

3,915 posted on 05/21/2025 2:32:59 AM PDT by woodpusher
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