Mullin v. Al Otro Lado · ¶14

An officer may not proceed with expedited removal, however, if the alien indicates an “intention to apply for asylum under” §1158 or voices a “fear of persecution.” §1225(b)(1)(A)(ii). In that event, the immigration officer must refer the alien to an asylum officer for what is known as a “credible fear” interview, at which the alien must establish a “significant possibility” of eligibility for asylum under §1158. Ibid.; §1225(b)(1)(B)(v). If the officer determines that the alien does not have a credible fear of persecution, the officer must “order the alien removed from the United States without further hearing or review,” although the alien may request “prompt” and limited review by an immigration judge. §§1225(b)(1)(B)(iii)(I), (III). But if the asylum officer decides that the alien does have a credible fear, the officer must detain the alien for further consideration of the alien’s…

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