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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

Corporate Transparency Act Ruling from the U.S. Supreme Court

January 24, 2025The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.Client Alert

Lead Paint Contamination and Resources for Ohio Landlords

January 20, 2025Children are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978 and “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Property owners and landlords should educate themselves on regulations and resources to mitigate their own liability.Client Alert

Will Student-Athlete Collectives Survive NIL Changes?

January 20, 2025By July 2025 the landscape of student-athlete funding will look nothing like the current landscape, so preparing now is a must. If you are a student-athlete, the parent of a student-athlete, a university/college, or “booster”, it behooves you to understand these evolving issues.Client Alert

Ohio's Recent Rule Changes to Administration of Immunizations, Outpatient Pharmacy Delivery, and Mobile Response Services

January 20, 2025The Ohio Board of Pharmacy (“BOP”) and Ohio Department of Mental Health and Addiction Services (“OMHAS”) recently posted notices of Ohio Administrative Code rule changes related to the administration of immunizations (BOP), outpatient pharmacy delivery services (BOP), and mobile response and stabilization services (OMHAS).Client Alert

HOA Construction Project Do’s and Don’ts

January 20, 2025Local regulators can approve new construction, but if a resident contacts their homeowners association there may be trouble. Fences, yard alterations, and backyard decks do not have to be such a hassle and a point of conflict. Find out general Do’s and Don’ts to help HOA residents avoid issues in this article by BMD Partner Scott Heasley.
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