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Understanding Reasonable Fear vs. Credible Fear Interviews: A Critical Guide for Immigrants Facing Removal

Client Alert
May 23, 2025

Washington, D.C. – In a timely new article, Rob Ratliff, Immigration Attorney and former Immigration Judge, clarifies the differences between Reasonable Fear Interviews and Credible Fear Interviews, essential processes for noncitizens fearing persecution or torture. Published at www.removal-defense.com, the article explains concepts central to recent judicial rulings, including U.S. District Judge Brian Murphy’s order addressing the Trump administration’s unlawful deportations to South Sudan, which violated his April 18, 2025, injunction (U.S. District Court, Massachusetts).

Reasonable Fear Interviews apply to individuals with prior removal orders, like those with aggravated felonies or reentry after deportation (INA § 238(b), § 241(a)(5)), assessing a “reasonable possibility” of persecution or torture. Successful cases lead to withholding-only proceedings for withholding of removal or Convention Against Torture (CAT) protection (8 CFR § 208.31). Credible Fear Interviews target those in expedited removal, like border apprehensions, requiring a lower “significant possibility” of eligibility for asylum, withholding, or CAT protection, potentially leading to an Asylum Merits Interview or removal proceedings (INA § 235(b)(1); 8 CFR § 208.30).

Both allow an immigration judge (IJ) review of negative findings, but the IJ review is final with no appeal (8 CFR § 1208.31(g); 8 CFR § 1003.42), unless a new hearing is granted. An alien may consult with counsel prior to a hearing with an IJ or asylum officer, but during asylum officer interviews, attorneys are limited to observation and consultation (8 CFR § 208.30(d)(4); 8 CFR § 208.31(c)). It is the discretion of the IJ or asylum officer, is the attorney is permitted provide brief argument on behalf of their client. Notice for a hearing is provided via Form I-863 or Notices to Appear (8 CFR § 1208.31(e); 8 CFR § 1239.1).

“Judge Murphy’s ruling underscores the due process issues in these screenings,” said Ratliff. “Our article connects these processes to real-world cases.” Read the full analysis at www.removal-defense.com.

ImmigrationImmigration LawRobert Ratliff
Client Alert

Supreme Court Upholds Coverage under the Affordable Care Act

July 10, 2025The U.S. Supreme Court has upheld the authority of the U.S. Preventive Services Task Force under the ACA, ensuring continued no-cost coverage for over 100 preventive health services. The decision impacts millions of Americans and preserves provider reimbursement through insurance.Client Alert

Health Care Providers Take Note: Federal Budget Brings Medicaid and Staffing Rule Changes

July 7, 2025The 2025 federal budget introduces significant changes for health care providers and Medicaid recipients, including new cost-sharing requirements, work eligibility mandates, rural health grants, and a pause on minimum staffing rules.Client Alert

Key Healthcare Provisions in Ohio’s 2026–2027 Budget

July 2, 2025Ohio’s newly enacted biennial budget (HB 96) for FY 2026–2027 brings sweeping changes for healthcare providers across the state. The law includes new Medicaid eligibility requirements, reporting mandates, funding directives, and social policy provisions. Several vetoes by Governor DeWine also affect healthcare-related initiatives.Client Alert

Providers Beware: Court Sides with Insurers in No Surprises Act Arbitration

July 2, 2025On June 12, 2025, the Fifth Circuit ruled in favor of Aetna and Kaiser in two lawsuits brought by air ambulance providers challenging how insurers calculated payments under the No Surprises Act’s Independent Dispute Resolution process. The court held that unless there is clear evidence of fraud or serious misconduct, IDR decisions will stand, reinforcing the finality of the arbitration process.Client Alert

Introducing HB 281: Enforcement of Federal Immigration Laws in Ohio Hospitals

July 1, 2025House Bill 281, introduced on May 20, 2025, would require Ohio hospitals to allow law enforcement, including federal immigration agents, to enter facilities and enforce immigration laws. The bill mandates that hospitals comply with information requests and adopt formal policies, raising significant concerns about patient privacy and access to care for immigrant communities.
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