\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1999 \ FEDERAL REGISTER INTERIM REGULATIONS - 1999 \ Regulations Concerning the Convention Against Torture [64 FR 8478] [FR 9-99] \ PART 253--PAROLE OF ALIEN CREWMEN
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PART 253--PAROLE OF ALIEN CREWMEN
34. The authority citation in part 253 continues to read as follows:
8 U.S.C. 1103, 1182, 1282, 1283, 1285; 8 CFR part 2.
35. In § 253.1, revise paragraph (f) to read as follows:
§ 253.1 Parole.
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Crewman, stowaway, or alien removable under section 235(c) alleging persecution or torture
. Any alien crewman, stowaway, or alien removable under section 235(c) of the Act who alleges that he or she cannot return to his or her country of nationality or last habitual residence (if not a national of any country) because of fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, or because of fear of torture is eligible to apply for asylum or withholding of removal under 8 CFR part 208. Service officers shall tak
e particular care to ensure that the provisions of § 208.5(b) of this chapter regarding special duties toward aliens aboard certain vessels are closely followed.
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36. Add a new part 507 to read as follows:
PART 507--ALIEN TERRORIST REMOVAL PROCEDURES
Eligibility for Protection under the Convention Against Torture.
A removal order under Title V of the Act shall not be executed in circumstances that would violate Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, as implemented by section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998, Pub. L. 105-277. Convention-based claims by
aliens subject to removal under this Title shall be determined by the Attorney General, in consultation with the Secretary of State.
Pub. L. 105-277, 112 Stat. 2681.
February 13, 1999