Is an alien in removal under 241 (a)(5) eligible for asylum?

• A. Yes, they can apply immediately
• B. No, they must be referred for a reasonable fear interview
• C. Yes, if they prove a credible fear
• D. No, but they may apply for a waiver

Answer: (B)

An alien in removal proceedings under Section 241(a)(5) of the Immigration and Nationality Act (INA) is not eligible for asylum directly. Instead, such individuals are referred for a reasonable fear interview to determine if they have a credible fear of persecution or torture. This process is specific to those who have been previously ordered removed and are now being processed under expedited removal proceedings again.

The reasoning behind this is that those in Removal under 241(a)(5) are typically individuals whose prior removal orders have been reinstated. They must go through the reasonable fear interview as a preliminary step to establish if they qualify for further protection under the Convention Against Torture (CAT) or other reliefs, rather than applying for asylum outright.

This establishes a clear pathway in the legal framework for individuals in this status. If they demonstrate a reasonable fear, they could then potentially pursue asylum through the normal channels, but it requires this initial step due to the nature of their removal status.