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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

New $100,000 Fee on H-1B Petitions – Legal Immigration

September 23, 2025President Trump issued an Executive Order (EO) imposing a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern time on September 21, 2025 and will remain in place for 12 months (unless extended).Client Alert

Implications of Supreme Court Stay for Business Operations in Noem v. Vasquez Perdomo

September 16, 2025On September 8, 2025, the U.S. Supreme Court temporarily reinstated immigration officers’ authority to conduct brief stops based on factors such as location, work type, language, or appearance. This stay in Noem v. Vasquez Perdomo allows enforcement actions to resume in California pending appeal. Employers in industries like construction, agriculture, landscaping, and day labor should prepare for increased worksite disruptions and review compliance protocols.Client Alert

Ohio House Bill 429: Potential Relief for Providers Facing Same-Day Reimbursement Restrictions

September 15, 2025Ohio House Bill 429 aims to prevent third-party payers from reducing provider reimbursement for multiple procedures performed on the same day. The bill could improve payment practices for a range of specialties, including surgery and gastroenterology.Client Alert

FTC Continues to Target Noncompetes

September 11, 2025The FTC is intensifying its focus on noncompete agreements in healthcare, urging employers to review contracts for compliance. While Ohio still generally enforces noncompetes, pending legislation could limit their use.Client Alert

Medicare Updates: Prior Authorizations and Physician Fee Schedule

September 8, 2025The Centers for Medicare & Medicaid Services (CMS) has announced two key updates effective January 1, 2026: a six-state prior authorization pilot program targeting high-risk services under the WISeR Model, and proposed revisions to the Physician Fee Schedule (PFS) that include increased payment rates, expanded telehealth coverage, and updated policies for chronic care, behavioral health, and rural providers.
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